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This text gives an exposition and commentary on the Succession (Scotland) Act 1964, with dedicated appendices for the rules of division, examples of the division of intestate estates and the text of the Act.
This volume explores key issues in the law of succession from a variety of perspectives: national, historical and comparative.
A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.
Intestate Succession is the second volume in the Comparative Succession Law series which examines the principles of succession law from a comparative and historical perspective. This volume discusses the rules which apply where a person dies either without leaving a valid will, or leaving a will which fails to dispose of all of the person's assets. Among the questions considered are the following: What is the nature of the rules for the disposal of the deceased's assets? Are they mechanical or is there an element of discretion? Are particular types of property dealt with in particular ways? Is there entitlement to individual assets (as opposed to money)? Do the rules operate in a parentelic system or a system of some other kind? Are spouses treated more favourably than children? What provision is made for extra-marital children, for adopted children, for step-children? Does cohabitation give rise to entitlement? How are same-sex couples treated? Broader questions also arise of a historical and comparative nature. Where, for example, do the rules in intestate succession come from in particular legal systems? Have they been influenced by the rules in other countries? How are the rules explained and how are they justified? To what extent have they changed over time? What are the long-term trends? And finally, are the rules satisfactory, and is there pressure for their reform? As in the first volume, this book will focus on Europe and on countries which have been influenced by the European experience such as Australia, New Zealand, South Africa, the United States of America, Quebec, and the countries of Latin America. Further chapters are devoted to Islamic Law and Nordic law. Opening with a discussion on Roman law and concluding with an assessment of the overall development of the law in the countries surveyed, this book will provide a wider reflection on the nature and purpose of the law of intestate succession.
The Handbook of Scottish Politics provides a detailed overview of politics in Scotland, looking at areas such as elections and electoral behaviour, public policy, political parties, and Scotland's relationship with the EU and the wider world. The contributors to this volume are some of the leading experts on politics in Scotland.
A comprehensive work on the Scots law of contract, this text combines clear principles with practical guidance on how to draft clauses. It covers all aspects of the law, including pre-contract negotiations and the formation of a contract.
A well-established, clear and comprehensive book on Scots family and child law that will be of practical use to students and practitioners. This book is set out in a clear and logical manner and includes chapters on: · the formalities and legal consequences of marriage; civil partnership and cohabitation; · divorce, dissolution and the breakdown of cohabitation; · the rights and capacity of children; · adoption and permanence; and · the Children's Hearings System. The eighth edition incorporates all recent legislative changes including the Domestic Abuse (Scotland) Act 2018, Children (Equal Protection from Assault) (Scotland) Act 2019, Age of Criminal Responsibility (Scotland) Act 2019, Children (Scotland) Act 2020 and Civil Partnership (Scotland) Act 2020. This title is included in Bloomsbury Professional's Scottish Law and Scots Law Student online services.
This third volume in a series on Comparative Succession Law concerns the entitlement of family members to override the provisions of a deceased person's will to obtain money or assets (or more money or assets) from the person's estate. Some countries, notably those in the civil law tradition (such as France or Germany), confer a pre-ordained share of the deceased's estate or of its value on certain members of the deceased's family, and especially on the deceased's children and spouse. Other countries, notably those in the common law tradition (such as England, Canada, or Australia), leave the matter to the discretion of the court, the amount awarded depending primarily on financial need. Whichever form it takes, mandatory family provision is both a protection against disinheritance and also, therefore, a restriction on testamentary freedom. The volume focuses on Europe and on countries influenced by the European experience. In addition to detailed treatment of the law in Austria, England and Wales, France, Germany, Hungary, Italy, the Netherlands, Norway, Poland, Scotland, and Spain, the book also has chapters on Australia and New Zealand, South Africa, the United States, Canada, the countries of Latin America, and the People's Republic of China. Some other countries are covered more briefly, and there is a separate chapter on Islamic law. The book opens with accounts of Roman law and of the law in medieval and early-modern Europe, and it concludes with a comparative assessment of the law as it is today in the countries and legal traditions surveyed in this volume.