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This book presents a broad overview of succession law, encompassing aspects of family law, testamentary law and legal history. It examines society and legal practice in Europe from the Middle Ages to the present from both a legal and a sociological perspective. The contributing authors investigate various aspects of succession law that have not yet been thoroughly examined by legal historians, and in doing so they not only add to our knowledge of past succession law but also provide a valuable key to interpreting and understanding current European succession law.
Readers can explore such issues as the importance of a father's permission to marry in relation to disinheritance, as well as inheritance transactions and private, dynastic and cross-border successions. Further themes addressed by the expert contributors include women's inheritance rights, the laws of succession for the prince in legal consulting, and succession in the Rota Romana's jurisprudence.
Sommario
Introduction.- Ch 1: The Right of Troncalidad in Castillian Inheritance in the High Middle Ages.- Ch 2: Family Succession Wars: Succession Norms and Practices in Medieval and Modern Catalonia .- Ch 3: Actiones Hereditariae - Claims in Favour of, and Against Heirs in Medieval Ius Commune.- Ch 4: The Ius Decretalium and the Development of the Law of Succession in Medieval Europe - Some Examples from Denmark and Sweden (XII-XII c.).- Ch 5: Testamentary Freedom in Law and Practice in Medieval Sweden: Conflicts and Coexistence.- Ch 6: The Evolution of the Scots Law and Practice of Succession: 1300-2000.- Ch 7: Women's Succession from the Middle Ages to the Modern Era.- Ch 8: A Coffer for the Will.- Ch 9: Materia est valde periculosa: Interpreting Testaments in Quattrocento Florence.- Ch 10: Disinheritance of Children for Lack of Parental Consent to the Marriage in the Ius Commune and Early Modern Scholastic Traditions.- Ch 11: Quidquid ex Testamento Petunt Scriptum Heredem Convenire Debent - Initial Comments on the Inheritance Transactio from the Ius Commune to the Early Modern Period.- Ch 12: Between Practice and Theory: Succession Law According to Jacques Cujas (1522-1590) .- Ch 13: A Difficult Legacy - Initial Comments on the Inheritance Rights of Filii Clericorum in the Middle Ages and Early Modern Period.- Ch 14: Consilia and Dynastic Successions in Modern Europe.- Ch 15: Gift Mortis Causa in the Ius Commune: Contract and Last Will.- Ch 16: Towards a Ius Commune Europaeum on Successions and Testament? The 17th Century Decisiones Rotae Romanae.- Ch 17: Intestate Succession Between Doctrine and Roman Rota Case Law in the Sixteenth and Seventeenth Centuries.- Ch 18: Royal Successions - A Special Law for the Inheritance of Power?.- Ch 19: The Difficult Road to Harmonization of French Succession Law.- Ch 20: Notes on the Bonae Fidei Possessio pro Herede in the Civil Law Systems (19th-20th Centuries).
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Riassunto
This book presents a broad overview of succession law, encompassing aspects of family law, testamentary law and legal history. It examines society and legal practice in Europe from the Middle Ages to the present from both a legal and a sociological perspective. The contributing authors investigate various aspects of succession law that have not yet been thoroughly examined by legal historians, and in doing so they not only add to our knowledge of past succession law but also provide a valuable key to interpreting and understanding current European succession law.
Readers can explore such issues as the importance of a father’s permission to marry in relation to disinheritance, as well as inheritance transactions and private, dynastic and cross-border successions. Further themes addressed by the expert contributors include women’s inheritance rights, the laws of succession for the prince in legal consulting, and succession in the Rota Romana’s jurisprudence.
Testo aggiuntivo
“Maria Gigliola di Renzo Villata has masterfully edited an impressive work … . this volume aims to attract a wide audience, which it will surely succeed in doing. … This collection of chapters is clearly a marked improvement on our understanding … . Overall, Succession Law, Practice and Society in Europe across the Centuries is a thoughtful and well-argued collection that has much to offer and will no doubt become essential reading for anyone interested in succession law.” (Matthew J. Cleary, American Journal of Legal History, Vol. 61 (3), September, 2021)
Relazione
"Maria Gigliola di Renzo Villata has masterfully edited an impressive work ... . this volume aims to attract a wide audience, which it will surely succeed in doing. ... This collection of chapters is clearly a marked improvement on our understanding ... . Overall, Succession Law, Practice and Society in Europe across the Centuries is a thoughtful and well-argued collection that has much to offer and will no doubt become essential reading for anyone interested in succession law." (Matthew J. Cleary, American Journal of Legal History, Vol. 61 (3), September, 2021)
