Zoekresultaat: 4 artikelen

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Spanje

Compulsory Shares and Spousal Protection in Spanish and Catalan Succession Law

Tijdschrift Tijdschrift Erfrecht, Aflevering 6 2019
Trefwoorden testamentary freedom, compulsory shares, spousal protection, intestacy rights, disinheritance
Auteurs Prof. Dr. Josep Ferrer-Riba
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    The rules of the Spanish and the Catalan civil codes dealing with compulsory shares and spousal protection in succession law represent very differentiated models of family protection within the large variety of legal regulations coexisting in Spain. The Spanish code, with little changes since 1889, lays down a system of large compulsory shares for the descendants (2/3 of the estate) or, failing them, the ascendants (1/2 of the estate), and confers a right of usufruct of varying extension to the surviving spouse. The Catalan code, renewed in 2008, establishes a much shorter compulsory share (1/4 of the estate) for the descendants or, failing them, the parents of the deceased person, and protects not only the spouse but also the unmarried partner by granting the survivor a maintenance-like right of up to a quarter of the estate.


Prof. Dr. Josep Ferrer-Riba
Dr. Josep Ferrer-Riba is Professor of Civil Law at Universitat Pompeu Fabra, Barcelona.
Hongarije

The Legal Status of the Surviving Spouse and the Compulsory Share in the Hungarian Succession Law

Tijdschrift Tijdschrift Erfrecht, Aflevering 6 2019
Trefwoorden Hungarian Succession Law, surviving spouse, usufruct rights, disinheritance, compulsory share
Auteurs Prof. Dr. Orsolya Szeibert
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    Hungarian succession law is regulated by the Hungarian Civil Code (HCC), Act No V of 2013 which contains certain new rules in comparison to the former Hungarian Civil Code, Act IV of 1959. The article gives a short overview on the law of intestacy succession in Hungary and a broad introduction into two important fields of Hungarian succession law. The legal status of the surviving spouse is analysed in details while explaining the content of the widow’s usufruct rights, the surviving spouse’s succession with the decedent’s descendants and with the parents of the decedent. The spouse’s debarment is discussed such as the spouse’s usufruct right in the legal order of lineal succession and the legal position of partners outside marriage. The compulsory share’s meaning, its traditional character, the disinheritance, and the basis and extent of compulsory share are also discussed.


Prof. Dr. Orsolya Szeibert
Professor Dr. Orsolya Szeibert Full Professor of Civil Law Department of Civil Law , Faculty of Law , Eötvös Lorand University.
Artikel

Access_open Philosophy and Law in Ancient Rome

Traces of Stoic Syllogisms and Ontology of Language in Proculus’s Jurisprudence

Tijdschrift Netherlands Journal of Legal Philosophy, Aflevering 1 2019
Trefwoorden Stoicism, Roman Law, Theory of Language, Syllogisms, Classical Jurisprudence
Auteurs Pedro Savaget Nascimento
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    This paper uses Stoic theory of language to gain more insight into Roman lawyer Proculus’s legal opinions on the meaning and understanding of ambiguous testaments, wills and dowries. After summarizing Stoic theory of language, the paper discusses its reception in Roman jurisprudence and situates Proculus in a Stoic legal/philosophical context. The meat of the article lies in the re-examination of Proculus’s legal opinions on ambiguities in light of Stoic theory of language, through: (1) the analysis of a case demonstrating that Proculus’s embeddedness in Stoic doctrine went beyond his technical competence in propositional syllogisms, going into the territory of Stoic physical materialism and, (2) the investigation of four cases that reveal how his approach to problems of ambiguity in unilateral legal acts converges with the Stoic conception of the parallelism between speech and thought.


Pedro Savaget Nascimento
Pedro Savaget Nascimento holds a PhD in Law and Language from the University of Birmingham (UK) and currently works as Research Designer in Belo Horizonte (Brazil).

    In this article I argue that the major issue in taxonomies of interdisciplinary research is the problem of authority. In a project on the needs of Aboriginal Australians in inheritance, involving interdisciplinary research using law (in both common law and customary law form) and anthropology, issues of translateability and truth/validity arose. Issues for the Aboriginal people included problems of identifying the correct kin, dealing with the body, and protecting customary law information and secrecy, all matters which the customary law could handle but which were not recognised by Australian common law. Because the characterization of these matters in law is often characterized as a problem of authority the article explores the various different ways forms of authority in law and anthropology exist and how they might clash. Because the anthropology concerned was about Aboriginal Customary Law there seemed to be a double problem of authority which needed to be resolved in order to ensure that the connections between the disciplines were clear and the inheritance issues could be resolved.


Prue Vines
Professor, Director of First Year Studies, Co-Director, Private Law Research & Policy Group Faculty of Law, The University of New South Wales, Sydney, Australia. Email: p.vines@unsw.edu.au.
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