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Books > Law > Jurisprudence & general issues > Comparative law
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Comparative Succession Law - Volume I: Testamentary Formalities (Hardcover)
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Comparative Succession Law - Volume I: Testamentary Formalities (Hardcover)
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Launching a major new research project examining the principles of
succession law in comparative perspective, this book discusses the
formalities which the law imposes in order for a person to make a
testamentary disposal of property. Among the questions considered
are the following. How are wills made? What precisely are the rules
- as to the signature of the testator, the use of witnesses, the
need for a notary public or lawyer, and so on? Is there is a choice
of will-type and, if so, which type is used most often and what are
the advantages and disadvantages of each? How common is will-making
or do most people die intestate? What happens if formalities are
not observed? How can requirements of form be explained and
justified? How did the law develop historically, what is the state
of the law today, and what are the prospects for the future? The
focus is on Europe, and on countries which have been influenced by
the European experience. Thus in addition to giving a detailed
treatment of the law in Austria, Belgium, England and Wales,
France, Germany, Hungary, Italy, the Netherlands, Poland, and
Spain, the book explores legal developments in Australia, New
Zealand, the United States of America, and in some of the countries
of Latin America with a particular emphasis on Brazil. It also
includes chapters on two of the mixed jurisdictions - Scotland and
South Africa - and on Islamic Law. The book opens with chapters on
Roman law and on the early modern law in Europe, thus setting the
historical scene as well as anticipating and complementing the
accounts of national history which appear in subsequent chapters;
and it concludes with an assessment of the overall development of
the law in the countries surveyed, and with some wider reflections
on the nature and purpose of testamentary formalities.
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