Clawback Law In The Context Of Succession

Author : Jayne Holliday
Publisher : Bloomsbury Publishing
ISBN 13 : 1509932348
Total Pages : 280 pages
Book Rating : 4.44/5 ( download)

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Download or read book Clawback Law in the Context of Succession written by Jayne Holliday and published by Bloomsbury Publishing. This book was released on 2020-05-14 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a global solution for determining the law applicable to a claim to clawback an inter vivos gift from a third party within the context of a succession. The book aims to identify an appropriate and applicable legal framework which supports legal certainty for cross-border estate planning and protects the legitimate expectations of the relevant parties. This is an area of private international law that has yet to be handled satisfactorily – as can be seen by the inadequate treatment of clawback from third parties in the 1989 Hague Convention on the Law Applicable to Succession to the Estates of Deceased Persons, and the 2012 EU Succession Regulation.

Author : Jayne Holliday
Publisher : Bloomsbury Publishing
ISBN 13 : 150993233X
Total Pages : 275 pages
Book Rating : 4.37/5 ( download)

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Download or read book Clawback Law in the Context of Succession written by Jayne Holliday and published by Bloomsbury Publishing. This book was released on 2020-05-14 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a global solution for determining the law applicable to a claim to clawback an inter vivos gift from a third party within the context of a succession. The book aims to identify an appropriate and applicable legal framework which supports legal certainty for cross-border estate planning and protects the legitimate expectations of the relevant parties. This is an area of private international law that has yet to be handled satisfactorily – as can be seen by the inadequate treatment of clawback from third parties in the 1989 Hague Convention on the Law Applicable to Succession to the Estates of Deceased Persons, and the 2012 EU Succession Regulation.

Author : Paul Beaumont
Publisher : Bloomsbury Publishing
ISBN 13 : 1509932097
Total Pages : 673 pages
Book Rating : 4.92/5 ( download)

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Download or read book A Guide to Global Private International Law written by Paul Beaumont and published by Bloomsbury Publishing. This book was released on 2022-05-05 with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a substantial overview of the discipline of private international law viewed from a global perspective. The guide is divided into 4 key sections. Theory Institutional and Conceptual Framework Issues Civil and Commercial Law (apart from Family Law) Family Law Each chapter is written by a leading expert(s). The chapters address specific areas/aspects of private international law and consider the existing global solutions and the possibilities of improving/creating them. Where appropriate, the chapters are co-authored by experts from different legal perspectives in order to achieve as balanced a picture as possible. The range of contributions includes authors from Europe, North America, Latin America, Africa, Asia and Oceania. An essential resource for academics, practitioners and students alike.

Author : Raphael de Barros Fritz
Publisher : Mohr Siebeck
ISBN 13 : 3161623649
Total Pages : 451 pages
Book Rating : 4.46/5 ( download)

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Download or read book The Characterization of Provisions Protecting Forced Heirs Against Lifetime Dispositions written by Raphael de Barros Fritz and published by Mohr Siebeck. This book was released on 2023-07-07 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: Normally, forced heirship is primarily associated with a restraint of the decedent's testamentary freedom of disposition. Nevertheless, to effectively protect the forced heirs, forced heirship systems usually also contain various mechanisms to restrain the decedent's lifetime freedom of disposition. Scholars and courts have been debating the proper characterization of these mechanisms in conflicts of laws for decades. Raphael de Barros Fritz addresses the many open questions surrounding this issue by analysing the characterization of forced heirship mechanisms in the laws of Louisiana and Germany.

Author : Bariatti, Stefania
Publisher : Edward Elgar Publishing
ISBN 13 : 1785365304
Total Pages : 576 pages
Book Rating : 4.00/5 ( download)

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Download or read book EU Cross-Border Succession Law written by Bariatti, Stefania and published by Edward Elgar Publishing. This book was released on 2022-06-10 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: With cross-border successions becoming increasingly common in the context of the European Union, this timely book offers a systematic practical analysis of how cross-border successions should be treated, including examination of which courts may establish jurisdiction over succession disputes and which law governs such disputes. Studying cross-border successions in the context of estate planning and in the opening and liquidation of a succession, it examines the specificities of the European Certificate of Succession, contextualising it within its interface with the national laws and practice of EU Member States.

Author : Anton Asoskov
Publisher : Bloomsbury Publishing
ISBN 13 : 1509964339
Total Pages : 229 pages
Book Rating : 4.38/5 ( download)

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Download or read book Private International Law in Russia written by Anton Asoskov and published by Bloomsbury Publishing. This book was released on 2024-06-27 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first comprehensive introduction to Russian private international law (PIL) for the foreign lawyer. The book carefully examines the applicable conflict of law and jurisdictional rules on the basis of the relevant statutory provisions, case law, and doctrinal writings developed in Russia for the purposes of dealing with cross-border commercial issues. It covers topics that will be of particular interest to comparative scholars, for instance the sources of PIL in Russia, including international conventions and treaties; party autonomy and the choice of law by the parties; determination of applicable law in the absence of choice by the parties; public policy exceptions and overriding mandatory provisions; and many more. These and other topics serve as an entry point to the hybrid system of law that Russian PIL is: modelled on European law but characterised by its Soviet past.

Author : Nazia Yaqub
Publisher : Bloomsbury Publishing
ISBN 13 : 150993913X
Total Pages : 249 pages
Book Rating : 4.38/5 ( download)

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Download or read book Parental Child Abduction to Islamic Law Countries written by Nazia Yaqub and published by Bloomsbury Publishing. This book was released on 2022-10-20 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the world becomes smaller, family law is becoming truly global, giving rise to more and more questions for private international law. This book looks at the sensitive and complex question of child abduction, with a unique children's right perspective. Taking Islamic law as its case study, it delves into child abduction in key jurisdictions from Iran to Saudi Arabia and Libya to Pakistan. Rigorous doctrinal analysis is enhanced by empirical insights, namely interviews with abductees, parents and professionals. It is an excellent guide to a complicated field.

Author : Matthias Weller
Publisher : Bloomsbury Publishing
ISBN 13 : 1509959556
Total Pages : 407 pages
Book Rating : 4.56/5 ( download)

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Download or read book The HCCH 2019 Judgments Convention written by Matthias Weller and published by Bloomsbury Publishing. This book was released on 2023-05-18 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses, comments and further develops on the most important instrument of the Hague Conference on Private International Law (HCCH): the HCCH 2019 Judgments Convention. The HCCH Convention, the product of decades of work, will have a transformative effect on global judicial cooperation in civil matters. This book explores its 'mechanics', i.e. the legal cornerstones of the new Convention (Part I), its prospects in leading regions of the world (Part II), and offers an overview and comment on its outlook (Part III). Drawing on contributions from world-leading experts, this magisterial and ambitious work will become the reference work for law-makers, judges, lawyers and scholars in the field of private international law.

Author : Chukwuma Okoli
Publisher : Bloomsbury Publishing
ISBN 13 : 1509936211
Total Pages : 271 pages
Book Rating : 4.12/5 ( download)

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Download or read book Place of Performance written by Chukwuma Okoli and published by Bloomsbury Publishing. This book was released on 2020-05-28 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an unprecedented analysis on the place of performance. The central theme is that the place of performance is of considerable significance as a connecting factor in international commercial contracts. This book challenges and questions the approach of the European legislator for not explicitly giving special significance to the place of performance in determining the applicable law in the absence of choice for commercial contracts. It also contains, inter alia, an analogy to matters of foreign country mandatory rules, and the coherence between jurisdiction and choice of law. It concludes by proposing a revised Article 4 of Rome I Regulation, which could be used as an international solution by legislators, judges, arbitrators and other stakeholders who wish to reform their choice of law rules.

Author : Tobias Lutzi
Publisher : Bloomsbury Publishing
ISBN 13 : 1509958924
Total Pages : 377 pages
Book Rating : 4.24/5 ( download)

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Download or read book Jurisdiction Over Non-EU Defendants written by Tobias Lutzi and published by Bloomsbury Publishing. This book was released on 2023-05-18 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at the question of extending the reach of the Brussels Ia Regulation to defendants not domiciled in an EU Member State. The Regulation, the centrepiece of the EU framework on civil procedure, is widely recognised as one of the most successful legal instruments on judicial cooperation. To provide a basis for the discussion of its possible extension, this volume takes a closer look at the national rules that currently govern the question of jurisdiction over non-EU defendants in each Member State through 17 national reports. The insights gained from them are summarised in a comparative report and critically discussed in further contributions, which look at the question both from a European and from a wider global perspective. Private international lawyers will be keen to read the findings and conclusions, which will also be of interest to practitioners and policy makers.