Comparative Succession Law Volume III: Mandatory Family Protection

by Reid, Kenneth G C; de Waal, Marius J; Zimmermann, Reinhard

• ISBN13: 9780198850397
• ISBN10: 0198850395
• Format: Hardcover
• Copyright: 2020-12-08
• Publisher: Oxford University Press

Author Biography

Kenneth Reid taught law at the University of Edinburgh from 1980 until his retirement in 2019. He was appointed to the Chair of Property Law in 1994 and to the Chair of Scots Law in 2008. From 1995 to 2005 he served as a Scottish Law Commissioner, where he was responsible for a major programme of reform of land law, subsequently implemented by legislation. His many publications focus on property law, the law of succession, trusts law, legal history, and comparative law.

Marius de Waal has been Professor of Private Law in the Department of Private Law, Faculty of Law, at the University of Stellenbosch since 1992. He teaches the law of succession and the law of trusts and he is the co-author of standard handbooks in these areas of South African law. Apart from the law of succession and the law of trusts, his publications also include contributions on the law of property and comparative law. He is currently Head of the Department of Private Law in the Faculty of Law.

Reinhard Zimmermann is a Director of the Max Planck Institute for Comparative and International Private Law in Hamburg, Honorary Professor at the University of Edinburgh, Affiliate Professor at Bucerius Law School, and Visiting Professor at the Universities of Edinburgh, Stellenbosch, New Orleans, Chicago, Berkeley, Yale, and Auckland. He is the author of numerous books on comparative law and legal history, including The Law of Obligations (OUP, 1996) and The New German Law of Obligations (OUP, 2005).

Table of Contents

Preface
List of Abbreviations
List of Contributors
1. Protection Against Being Passed Over or Disinherited in Roman Law, Reinhard Zimmermann
2. Passing Over and Disinheritance in the Days of the Ius Commune, Sebastian Lohsse
3. Customary Mechanisms of Family Protection: Late Medieval and Early Modern Law, Thomas R?fner
4. Compulsory Portion in France, C?cile P?r?s
5. Forced Heirship in Italy, Alexandra Braun
6. Forced Heirship in Spain, Sergio C?mara Lapuente
7. Forced Heirship and Family Provision in Latin America, Jan Peter Schmidt
8. Compulsory Portion and Other Aspects of Family Protection in Austria, Christiane Wendehorst
9. Compulsory Portion in Germany, Reinhard Zimmermann
10. Compulsory Portion and Family Provision in the Netherlands, Wilbert D Kolkman
11. Compulsory Portion in Hungary, Lajos V?k?s
12. Compulsory Portion in Poland, Frederyk Zoll
13. Family Provision in England and Wales, Roger Kerridge
14. Legal Rights in Scotland, Kenneth G C Reid
15. Family Provision in New Zealand and Australia, Nicola Peart and Prue Vines
16. Family Provision in South Africa, Marius J de Waal
17. Freedom of Testation and Family Claims in Canada, Alexandra Popovici and Lionel Smith
18. Family Protection in the United States of America, Ronald J Scalise Jr
19. Compulsory Portion and Minimum Inheritance in Norway, Jens M Scherpe and Thomas Eeg
20. Necessary Portion in China, Knut Benjamin Pi?ler and Timo Kleinwegener
21. Compulsory Heirship and Freedom of Testation in Islamic Law, Nadjma Yassari
22. Mandatory Family Protection in the Civilian Tradition, Reinhard Zimmermann
23. Mandatory Family Protection in the Common Law Tradition, Kenneth G C Reid
24. Mandatory Family Protection in Historical and Comparative Perspective, Kenneth G C Reid, Marius J de Waal, and Reinhard Zimmermann
Index