Uma referência essencial e obrigatória para o estudo e sobretudo aplicação do “Novíssimo” Processo de Inventário. Uma obra que vai clarificar as dúvidas que podem surgir com a retirada aos tribunais, pelo menos numa primeira fase, do processo de inventário. Neste momento de turbulência jurídica e legislativa, esta obra é uma referência essencial e obrigatória para o estudo e sobretudo aplicação do “Novíssimo” Processo de Inventário. Uma obra que vai clarificar as dúvidas que podem surgir com a retirada aos tribunais, pelo menos numa primeira fase, do processo de inventário, dúvidas essas, surgidas quer no espírito dos advogados que vêem alterado todo o processo judicial e regras adjectivas, quer os Senhores Notários que necessitam urgentemente de resolver as questões que vão surgindo com a aplicação do novo regime. Estrutura da Obra : - Os principios gerais do processo de inventário. Noções gerais. - O processo de inventário. O requerimento inicial. As declarações de cabeça-de-casal. - A citação e a notificação. A oposição. A resposta do cabeça-de-casal. - A conferência preparatória. O saneamento do processo e a conferência preparatória. - A emenda e a anulação da partilha. A emenda por acordo a rectificação de erros materiais. - A partilha de bens em casos especiais. O inventário em consequência de justificação de ausência. O inventário em consequência de separação, divórcio, declaração de nulidade ou anulação do casamento. O processo para separação de bens em casos especiais. - Legislação subsidiária. Taxas. Honorários. Multas. - O processo de inventário e a sua regulamentação: Portaria nº 278/2013, de 26 de agosto e Portaria nº 46/2015, de 23 de Fevereiro Contém ainda: - APÊNDICE (Os procedimentos simplificados; Desmistificar o Inventário) - LEGISLAÇÃO
The "International Survey of Family Law," published on behalf of the International Society of Family Law, is the successor to the Annual Survey of Family Law'. It provides information, analysis and comment on recent developments in Family Law across the world on a country-by- country basis. The "Survey" is published annually and its subtitle reflects the calendar year surveyed. Where a country has been regularly surveyed each year, the developments discussed correspond to the year in question. If certain countries have not been surveyed for some years the contributions will usually attempt to cover the intervening period. This applies, for example, in the present volume to the contributions relating to China and Turkey. If countries are being covered for the first time, then more background information will be provided about the state of family law in the country in question. The "Survey" also contains an article dealing with the more significant developments in international law affecting the family.
This book grew out of a major European Union (EU) funded project on the Hague Maintenance Convention of 2007 and on the EU Maintenance Regulation of 2009. The project involved carrying out analytical research on the implementation into national law of the EU Regulation and empirical research on the first year of its operation in practice. The project also engaged international experts in a major conference on recovery of maintenance in the EU and worldwide in Heidelberg in March 2013. The contributions in this book are the revised, refereed and edited versions of the best papers that were given at the conference. The book is divided into four parts: (i) comparative context (ii) international, looking at national and non-European regional practice and how the Hague Convention could change things; (iii) international and the EU, looking at issues covered by both the Hague Convention and the EU Regulation; and (iv) the EU - looking at the Maintenance Regulation. This is the first study to look carefully at both of the new cross-border maintenance regimes globally and in Europe and to begin the examination of the practical operation of the latter regime. The approval of the Hague Convention by the EU on 9 April 2014 is a major step forward for its practical significance in enabling the recovery of child and spousal support, as from 1 August 2014 all of the 28 EU Member States apart from Denmark will be bound by the Convention.
Why did a practice that had been considered a duty stop being a duty, or, conversely, why did daughters lose the right they had previously enjoyed of receiving from their parents the wherewithal to contribute to the support of their marriage? Despite the many historical and anthropological studies about dowry, to the best of my knowledge this is the first analysis of its disappearance. My hypothesis at a general level is that the institution of dowry was among the many fetters to the development of capitalism, such as entail, monopolies, and the privileges of the nobility, of churchmen, and of army officers, that disappeared as the influence of industrial capital spread worldwide. Yet entail, monopolies, and privileges were abolished legally, whereas the dowry was not abolished legally, it disappeared in practice. Thus the question remains: what led individual families to change their customs regarding dowry? And they changed remarkably. I found that, in the seventeenth century, practically all propertied families in São Paulo endowed every one of their daughters, favoring them by giving dowries far exceeding the value of what their brothers would inherit later on. By the early nineteenth century, in contrast, long before the custom of dowry had disappeared, less than a third of the propertied families in São Paulo were endowing their daughters, and those who did gave comparatively smaller dowries, with a very different content, while some families endowed only one or two of several daughters. How to explain this transformation in customs? I will argue throughout this book that the practice of dowry altered because of changes in society, the family, and marriage. Since dowry is a transfer of property between family members, changes in the concept of property, in the way property is acquired and held, or in business practices are relevant to an understanding of change in the institution of dowry, as are changes in the function of the family in society, the way it is integrated into production, and how it supports its members. The changes experienced by Brazilian society that help explain the decline and disappearance of the dowry are many of the same transformations that have been observed in more central regions of the Western world. Through a long process that started in the eighteenth century and continued into the early twentieth century, Brazil changed from a hierarchical, ancien régime type of society in which status, family, and patron-client relations were primary to a more individualistic society in which contract and the market increasingly reigned. A society divided vertically into family clans changed gradually into a society divided horizontally into classes. As the state grew stronger, it took over functions previously performed by the family, which in seventeenth-century São Paulo's frontier society had included municipal government and defense. Between the seventeenth and the late nineteenth centuries, a new concept of private property developed. The family changed from being the locus of both production and consumption to being principally the locus of consumption, while "family" and "business" became formally separate. The power of the larger kin declined and the conjugal family became more important, and marriage was transformed from predominantly a property matter to an avowed "love" relationship, the economic underpinnings of which were no longer made explicit. At the same time there was a change from the strong authority of the patriarch over adult sons and daughters to their greater independence, and from arranged marriages to marriages freely chosen by the bride and groom. These transformations took place in Brazil starting in the eighteenth century and continuing throughout the nineteenth century in a gradual and complex manner so that both old and new characteristics often coexisted at a given time, sometimes even within the same family. As these changes occurred, the
Reflecting the very latest research, this book provides an in-depth review of the role of resilience in the management of social-ecological systems and the ecosystem services they provide. Leaders in the field outline seven principles for building resilience in social-ecological systems, examining how these can be applied to advance sustainability.
