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Family and Succession Law in Denmark

by Hans Viggo Godsk Pedersen Ingrid Lund-Andersen

Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in Denmark covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with Denmark. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.

Family and Succession Law in New Zealand

by W. R. Bill Atkin

Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in New Zealand covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with New Zealand. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.

Family and Succession Law in Japan

by Satoshi Minamikata

Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in Japan covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with Japan. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.

Family and Succession Law in Poland

by Stanislawa Kalus Magdalena Habdas

Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in Poland covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with Poland. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law

Commercial and Economic Law in Ireland

by Fidelma White

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law covering merchants’ status and obligations – including the laws governing state intervention in economic activities – in Ireland provides quick and easy guidance on such commercial and economic matters as business assets, negotiable instruments, commercial securities, and regulation of the conditions of commercial transactions. Lawyers who handle transnational business will appreciate the explanation of local variations in terminology and the distinctive concepts that determine practice and procedure. Starting with a general description of the specifically applicable concepts and sources of commercial law, the book goes on to discuss such factors as obligations of economic operators and institutions, goodwill, broker/client relations, commercial property rights, and bankruptcy. Discussion of economic law covers the laws governing establishment, supervision of economic activities, competition law, and government taxation incentives. These details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Thorough yet practical, this convenient volume is a valuable tool for business executives and their legal counsel with international interests. Lawyers representing parties with interests in Ireland will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative commercial and economic law.

Family and Succession Law in South Africa

by Jacqueline Heaton Anneliese Roos

Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in South Africa covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with South Africa. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.

Family and Succession Law in Greece

by Ismene Androulidakis-Dimitriadis Elisabeth Poulou

Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in Greece covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with Greece. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.

Family and Succession Law in Portugal

by Guilherme De Oliveira Paula Távora Vítor

Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in Portugal covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with Portugal. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.

Family and Succession Law in Cyprus

by Achilles C. Emilianides

Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in Cyprus covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with Cyprus. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.

Family and Succession Law in the USA

by Lynn Dennis Wardle William C. Duncan Laurence C. Nolan

Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in the USA covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with the USA. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law. The Authors List of Abbreviations Preface: 2018 Preface: 1997 General Introduction Part I. Persons Chapter 1. The Status of a Person Chapter 2. Registration of Civil Status Chapter 3. Personality Rights Chapter 4. Names Chapter 5. Nationality Chapter 6. Domicile and Residence Part II. Family Law Chapter 1. Marriage Chapter 2. Divorce Chapter 3. Cohabitation Without Marriage Chapter 4. Filiation Chapter 5. Adoption Chapter 6. Parental Authority</

Family and Succession Law in England and Wales

by Rebecca Probert Maebh Harding

Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in England and Wales covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with England and Wales. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.

Family and Succession Law in Finland

by Tuulikki Mikkola

Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in Finland covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with Finland. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.

The Politics Of Adoption: International Perspectives On Law, Policy And Practice (PDF)

by Kerry O'Halloran

This book explains, compares and evaluates the social and legal functions of adoption within a range of selected jurisdictions and on an international basis. It updates and extends the second edition published by Springer in 2009. From a standpoint of the development of adoption in England & Wales and the changes currently taking place there, it considers the process as it has evolved in other countries. It identifies themes of commonality and difference in the experience of adoption in a common law context as compared and contrasted with that of other countries. It looks at adoption in France, Sweden and other civil law countries, as well as Japan and elsewhere in Asia, including a focus on Islamic adoption. It examines the experience of indigenous people in New Zealand and Australia, contrasting the highly regulated legal process of modern western society with the traditional practice of indigenous communities such as the Maori. A new chapter studies adoption in China. The book uses the international Conventions and associated ECtHR case law to benchmark developments in national law, policy and practice and to facilitate a cross-cultural comparative analysis.

Litigating the Rights of the Child: The Un Convention on the Rights of the Child in Domestic And International Jurisprudence

by Ton Liefaard Jaap E. Doek

This book examines the impact of the UN Convention on the Rights of the Child (CRC) on national and international jurisprudence, since its adoption in 1989. It offers state of the art knowledge on the functions, challenges and limitations of the CRC in domestic, regional and international children’s rights litigation. Litigating the Rights of the Child provides insight in the role of the CRC in domestic jurisprudence in ten countries from different parts of the world, with civil law, common law and Islamic law systems. In addition, it offers analyses of the jurisprudence of regional courts, in Europe and the Americas, and of human rights treaty bodies, including the Human Rights Committee, Committee on the Elimination of Discrimination against Women and the African Committee of Experts on the Rights and Welfare of the Child. This book presents a global and comparative picture on the use of the CRC in litigation and identifies emerging trends. This book serves as an important source of reference and inspiration for academics, students, legal professionals, including judges and lawyers, and (inter)national organisations working in the area of children’s rights.

Litigating the Rights of the Child: The Un Convention on the Rights of the Child in Domestic and International Jurisprudence (PDF)

by Ton Liefaard Jaap E. Doek

This book examines the impact of the UN Convention on the Rights of the Child (CRC) on national and international jurisprudence, since its adoption in 1989. It offers state of the art knowledge on the functions, challenges and limitations of the CRC in domestic, regional and international children’s rights litigation. Litigating the Rights of the Child provides insight in the role of the CRC in domestic jurisprudence in ten countries from different parts of the world, with civil law, common law and Islamic law systems. In addition, it offers analyses of the jurisprudence of regional courts, in Europe and the Americas, and of human rights treaty bodies, including the Human Rights Committee, Committee on the Elimination of Discrimination against Women and the African Committee of Experts on the Rights and Welfare of the Child. This book presents a global and comparative picture on the use of the CRC in litigation and identifies emerging trends. This book serves as an important source of reference and inspiration for academics, students, legal professionals, including judges and lawyers, and (inter)national organisations working in the area of children’s rights.

The Bitter Pill Social Club

by Rohan Dahiya

You know exactly who they are. The ones who walk right past club lines, who walk into rooms and make you swoon. You've felt their Gucci-anointed aura in a city paved with mildly good intentions and cocaine lines. It's a familiar cast: the centre of attention, the shameless flirt, the loudmouth, the narcissistic writer. It's a familiar setting: a city of smooth talkers, armchair activists, and the rich brats of Instagram wrapped up in cigarette smoke. A place to talk pop spirituality and purple prose in connoisseur-only jazz clubs. Now watch them without an audience. The Bitter Pill Social Club takes a look at the lives of the Kochhar family, who find themselves drifting apart in the city of gins and fake friends, wrapped in cigarette smoke. As one of their own gears up to tie the knot, three siblings come home to the neurotic parents who raised them. Meanwhile the parents face the family patriarch's constant judgment. Divorce, disappointment, and disasters ensue as the entitled Kochhar brood dodges old lovers and marriage proposals.

Tanya Tania

by Antara Ganguli

"Last night there was a snowstorm that made my window disappear. I woke up thinking you had died. This is my first letter in three and a half years. First letter since I left Pakistan. First letter since Nusrat.†? It is 1992. Violence is exploding in Pakistan. In India, a 16th century mosque is about to be demolished. Tanya Talati in Karachi and Tania Ghosh in Bombay write letters to each other, moving from the commonplace to what cannot be said to anyone: a mother who has fallen silent, sex that has become a weapon, bills that cannot be paid and a servant with impossibly soft hands. When Tanya's brother receives a kidnapping threat in Karachi, she sets in motion what no one could have predicted, least of all Tania, who finds herself alone in a forbidden Bombay bazaar, listening to a riot torn city draw closer and closer and closer.Tanya Tania is a story about power, love and belonging as two girls searching for selfhood become women in adolescent India and Pakistan.

The Fearless Twins and Other Sibling Stories from Mythology

by Sreelata Menon

Go on a whirlwind tour of faraway lands with more than 35 sibling tales from India and around the world.Cross paths with kings, warriors, princesses, squabbling duos and kindred spirits like Krishna and Subhadra, Hengist and Horsa, Romulus and Remus, Lava and Kusha, Apollo and Artemis, and other timeless pairs. Witness their fierce love, fiery clashes and delightful mischief like never before in these enchanting stories that have shaped cultures, defined eras and celebrated the undying bond that only brothers and sisters can share. Written with a blend of humour and a touch of magic, these tales of old will tickle your funny bone, tug at your heartstrings and inspire you to believe in the incredible power of family - even when your sibling is ready to shoot an arrow your way!

Selection Day: A Novel

by Aravind Adiga

Manju is fourteen. He knows he is good at cricket -- if not as good as his elder brother Radha. He knows that he fears and resents his domineering and cricket-obsessed father, admires his brilliantly talented brother and is fascinated by CSI and curious and interesting scientific facts. But there are many things, about himself and about the world, that he doesn't know . . . Everyone around him, it seems, has a clear idea of who Manju should be, except Manju himself. But when Manju begins to get to know Radha's great rival, a boy as privileged and confident as Manju is not, everything in Manju's world begins to change and he is faced by decisions that will challenge both his sense of self and of the world around him. As sensitively observed as The White Tiger -- Winner of the Man Booker Prize 2008 -- was brilliantly furious, Selection Day reveals another facet of Aravind Adiga's remarkable talent.

Daddy

by Tuhin Sinha

With gender dynamics changing the world over, parenting is a key area where this change is most perceptible. Modern dads today have no inhibitions in changing their baby’s diapers, spending sleepless nights catering to their newborn or looking after the baby while the mother is at work.

Our Kids Eats Everything: Get Your Children To Eat Right Without The Fight

by Neelanjana Singh

Is the dining table a perpetual battleground in your family? Do you worry about your child’s nutrition and growth, and the effects of junk-food overdose on them? Does your child, meanwhile, continue to be resolutely resistant to what you serve on the table? Whether your kid is a toddler or a teen, a finicky eater or a junk-food junkie, this enlightening guide by leading nutritionist Neelanjana Singh will help you make your child a sensible eater for life. Within these pages you’ll find invaluable information and smart tips on: • which foods your child actually needs to grow • shopping right, reading food labels and outsmarting junk • nutrition-based prevention of common childhood diseases • age-appropriate weekly menus, including snacks, tiffin and the brain-boosting diet. Packed with 75 easy-to-prepare recipes that kids will love and the 20/20 Action Plan, a holistic approach to eating right, Our Kid Eats Everything! is your answer to making mealtimes tussle-free, tasty and, most of all, healthy. .

Family and Succession Law in Germany

by Dieter Schwab Peter Gottwald

Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in Germany covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with Germany. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.

Brown Baby: A Memoir of Race, Family and Home

by Nikesh Shukla

Brown Baby is a beautifully intimate and soul-searching memoir. It speaks to the heart and the mind and bears witness to our turbulent times' – Bernardine EvaristoHow do you find hope and even joy in a world that is racist, sexist and facing climate crisis? How do you prepare your children for it, but also fill them with all the boundlessness and eccentricity that they deserve, and that life has to offer?In Brown Baby Nikesh Shukla explores themes of racism, feminism, parenting and our shifting ideas of home. With writing that will both fill and open your heart, this by turns, heartbreaking, hilariously funny and intensely relatable memoir is dedicated to the author’s two young daughters and is in remembrance of the grandmother they never got to meet. Through love, grief, food, fatherhood and the often-cluttered experiences that make us each who we are, Shukla shows how it’s possible to believe in hope.

Kinder als „Ersatzteillieferanten“ im rechtlichen Kontext: Von der Nabelschnurblutspende zur Selektion von Retterkindern (Veröffentlichungen des Instituts für Deutsches, Europäisches und Internationales Medizinrecht, Gesundheitsrecht und Bioethik der Universitäten Heidelberg und Mannheim #50)

by Alena Jerrentrup

In einer erstmaligen Gesamtdarstellung widmet sich dieses Buch der Frage, ob und gegebenenfalls inwieweit es zulässig ist, Kinder als Spender von Körperbestandteilen heranzuziehen oder sogar eigens zu diesem Zweck zu zeugen. Den Ausgangspunkt bildet dabei das Spannungsverhältnis, dass die Kinder zwar zunächst den Befugnissen der Eltern unterstehen, diese jedoch die kindlichen Interessen nicht unberücksichtigt lassen dürfen und elterliche Entscheidungsbefugnisse überdies mit Heranwachsen des Kindes zunehmend in den Hintergrund treten müssen. Die je nach Spendekonstellation unterschiedlich intensiven Eingriffe in die kindlichen Rechte, aber auch die verschiedenen Abstufungen eines möglichen Nutzens für das Spenderkind werden herausgearbeitet und mit Blick auf ihre medizinischen, ethischen und rechtlichen Implikationen analysiert. Zudem wird geprüft, ob in Deutschland derzeit eine widerspruchsfreie Rechtslage hinsichtlich der Erlaubnis respektive des Verbots einzelner Spendeformen durch Kinder existiert oder Handlungs- bzw. Harmonisierungsbedarf besteht. Die untersuchten Rechtsgebiete erstrecken sich vom Medizin- über das Zivil-, hier insbesondere das Familienrecht, bis hin zum Verfassungsrecht; der thematische Bogen reicht dabei von Neugeborenen bis Jugendlichen, Eigen- bis Fremdspenden, Blut- bis Organspenden und schließlich bis hin zur höchst umstrittenen Selektion sog. „Retterkinder” mittels PID.

Der Mythos von der Strafrechtsakzessorietät der §§ 2339 ff. BGB: Kritische Betrachtung der Vorschriften zur Erbunwürdigkeit

by Julian Lutzebäck

Julian Lutzebäck setzt sich mit dem Rechtsinstitut der Erbunwürdigkeit auseinander. Insbesondere das Telos der Vorschriften tangiert sowohl zivil- als auch strafrechtliche Aspekte. Im Kern geht es um die Frage: Handelt es sich bei der Erbunwürdigkeit um eine Sanktion inter partes? Sind Kunstgriffe in die Dogmatik des Kriminalstrafrechts wünschenswert oder vielmehr vermeidbar? Der Autor zweifelt die Konsistenz kriminalstrafrechtsakzessorischer Erklärungsansätze an. Im Rahmen der Ausarbeitung unternimmt Julian Lutzebäck eine Herleitung ad maiore ad minus: Zunächst werden die historischen Ursprünge des Rechtsinstituts der Erbunwürdigkeit dargestellt. Die sich anschließende kritische Überprüfung des Rechtsstands de lege lata kommt zu dem Ergebnis, dass nicht etwa einer strafrechtsakzessorischen Lesart, sondern einer Normanwendung am Maßstab des Schutzes des wahren Erblasserwillens der Vorrang einzuräumen ist. Das Werk mündet in konkreten Reformvorschlägen, welche an die nach Auffassung des Autors vorzugswürdigen Regelungsmotive anknüpfen.

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