Imperative Inheritance Law in a Late-modern Society: Five Perspectives - Couverture souple

Couverture souple

ISBN 10 : 9050959520 ISBN 13 : 9789050959520

Editeur : Intersentia Publishers, 2009

Synopsis

After more than two centuries since the introduction of the Code Napoléon and of relative quiet in both the theory and practice of succession law, it seems now that a period of increasing tension, especially concerning the imperative inheritance law, has commenced. Closer observation of this phenomenon shows a similar development in the broader field of private law since the middle of the nineteenth century: the new social fabric, characteristic of a more industrial type of society, no longer fitted the closed system of private law. In this context, the system of private law faced not only a growing lack of legitimacy, but also a conceptual deficit. The current Napoleonic system, due to its closed self-referential character, has seemed incapable of establishing the conceptual refinements required from within, refinements that are able to address and to respond adequately to new social and economic realities. Nor does it seem to be able to justify the necessary balance of interests and value-orientations. Succession law, after all, affects the foundations and continuity of the social fabric. Consequently, it is sensitive to changes which occur in the weaving of that fabric and which apply, for example, to the relative dominance of consanguinity, solidarity, morals and decency. When such serious processes of change are at issue, they can only be understood accurately in their specific nature by analyzing them in a comparative way with alternative situations and their respective alternative legal attributions.
This volume in the EFL Series aims at enabling a larger and more contextualised view on succession law, by studying the issue of imperative inheritance law from five different perspectives: legal anthropology, legal history, sociology of law, law and economics, and comparative law. All perspectives are introduced by eminent scholars. Thus, this book contributes to developing a new understanding and better insights into succession law.

About this book
‘… a very important and much needed addition to the existing scarce legal bibliography on comparative succession law […] this book is without doubt an invaluable guide to all comparatists, while te very useful information may be helpful to the […] ongoing project to Europeanize this highly sensitive area of the law.’
N. Davrados in 2010 Revue Hellénique de droit international 1119

A propos du livre

À propos de l?auteur

CHRISTOPH CASTELEIN studied law and notarial practice at KU Leuven. During this training he spent his notarial internship with notary Jean Pierre Lesage in Hooglede. He was a full-time assistant at the Institute for Family Law and Juvenile Law from September 2002 to December 2003. From 2004 to 2001 he was a FWO researcher, affiliated with the Center for Fundamental Research in Law and the Institute for Notarial Law, and assistant at the Institute for Family law and Juvenile law. Since 20012 he has been an associate civil-law notary at the De Witte & Castelein notary in Kortrijk. ALAIN LAURENT VERBEKE is Full Professor of Private Law & ADR at KU Leuven (since 1991), Visiting Professor of Law at Harvard Law School (since 2007), Extraordinary Professor at Tilburg Law School (since 1999) and UCP Lisbon Global School of Law (since 2008), and KBC Chair Family Wealth at the Antwerp Management School (since 2014). At KU Leuven, he is director of the Rector Roger Dillemans Institute for Family Property Law and co-director of the Institute for Contract Law, the Center for Notarial Law and the Leuven Center for Collaborative Management at the Faculty of Psychology. He is a lawyer at the Brussels and Kortrijk bars, member of the board of the Brussels bar and partner of the law firm Greenille by Laga.

À propos de la quatrième de couverture

After more than two centuries since the introduction of the Code Napoléon and of relative quiet in both the theory and practice of succession law, it seems now that a period of increasing tension, especially concerning the imperative inheritance law, has commenced. Closer observation of this phenomenon shows a similar development in the broader field of private law since the middle of the nineteenth century: the new social fabric, characteristic of a more industrial type of society, no longer fitted the closed system of private law. In this context, the system of private law faced not only a growing lack of legitimacy, but also a conceptual deficit. The current Napoleonic system, due to its closed self-referential character, has seemed incapable of establishing the conceptual refinements required from within, refinements that are able to address and to respond adequately to new social and economic realities. Nor does it seem to be able to justify the necessary balance of interests and value-orientations. Succession law, after all, affects the foundations and continuity of the social fabric. Consequently, it is sensitive to changes which occur in the weaving of that fabric and which apply, for example, to the relative dominance of consanguinity, solidarity, morals and decency. When such serious processes of change are at issue, they can only be understood accurately in their specific nature by analyzing them in a comparative way with alternative situations and their respective alternative legal attributions.
This volume in the EFL Series aims at enabling a larger and more contextualised view on succession law, by studying the issue of imperative inheritance law from five different perspectives: legal anthropology, legal history, sociology of law, law and economics, and comparative law. All perspectives are introduced by eminent scholars. Thus, this book contributes to developing a new understanding and better insights into succession law.

About this book
‘… a very important and much needed addition to the existing scarce legal bibliography on comparative succession law […] this book is without doubt an invaluable guide to all comparatists, while te very useful information may be helpful to the […] ongoing project to Europeanize this highly sensitive area of the law.’
N. Davrados in 2010 Revue Hellénique de droit international 1119

Détails de l'édition

• Éditeur: Intersentia Publishers
• Date d'édition: 2009
• Langue: anglais
• ISBN 10: 9050959520
• ISBN 13: 9789050959520
• Reliure: Broché
• Nombre de pages: 224
• Éditeur: Castelein Christoph, Foque Rene, Verbeke Alain-Laurent
• Coordonnées du fabricant: non disponible
• Personne responsable: non disponible