The Sixth Edition of this highly-regarded casebook continues its innovative emphasis on the connection between the law of trusts and estates and the changing American family. The Sixth Edition incorporates the most recent uniform acts from the Uniform Law Commission and the Third Restatements of the American Law Institute, and discusses the very latest "hot" topics, including trust protectors, directed trusts, trust decanting, family offices, and donor standing to enforce charitable trusts. The Sixth Edition also incorporates new important cases, such as the U.S. Supreme Court's decision in Hillman v. Maretta (2013). The authors of this book have long been at the forefront of law reform in trusts and estates, and this tradition continues under the authorship of Thomas Gallanis, who is the executive director of the Uniform Law Commission's Joint Editorial Board for Uniform Trust and Estate Acts. He was also an associate reporter for the Restatement Third of Trusts and has been the reporter of two uniform acts, most recently the Uniform Powers of Appointment Act (completed 2013). The Sixth Edition emphasizes problems and questions to facilitate classroom discussion and analysis. Among many other things, the book teaches doctrine and policy, planning and drafting, case analysis and statutory interpretation. The detailed teacher's manual includes extensive syllabi and notes for classroom teaching.
Landmark Cases in Property Law explores the development of basic principles of property law in leading cases. Each chapter considers a case on land, personal property or intangibles, discussing what that case contributes to the dominant themes of property jurisprudence Â? How are property rights acquired? What is the content of property rights? What are the limits or boundaries of property? How are property rights extinguished? Individually and collectively, the chapters identify a number of important themes for the doctrinal development of property institutions and their broader justification. These themes include: the obscure and incremental development of seemingly foundational principles, the role of instrumentalism in property reasoning, the influence of the law of tort on the scope of property doctrines, and the impact of Roman legal reasoning on the common law of property. One or more of these themes (and others) is revealed through careful case analysis in each chapter, and they are collected and critically explored in the editors' introductions. This makes for a coherent and provocative collection, and ensures that Landmark Cases in Property Law will be lively and essential reading for scholars, practitioners, and all those interested in the development of property principles at law.
This text presents an overview of the major issues and topics in current developments in Indian family law. Indian law has produced a number of very important innovations in the past two decades, which are also highly instructive for law reform debates in western and other jurisdictions. Topics discussed are: marriage, divorce, polygamy, maintenance, property and the Uniform Civil Code.
With its unique contextual emphasis and authoritative commentary, Trusts Law: Text and Materials is a book that no serious undergraduate on trust law courses can afford to be without. The book is divided into four main parts: trusts and the preservation of family wealth; trusts and family breakdown; trusts and commerce; and trusts and non-profit activity. Within each of these parts, leading cases, statutes, and historical and research materials are placed alongside the narrative of the author's text to give emphasis both to general theories of trust concepts and to the practical operation of trusts. Attention is also given to important themes such as the developing relationship between trusts law and other areas of private law such as the Law of Restitution. This new edition takes account of all relevant judicial and legislative developments since the third edition, and expands discussion of key themes in current developments of the law.
This book is a collection of papers given at the seventh biennial conference held at the University of Cambridge in March 2008, and is the fifth in the series Modern Studies in Property Law. The Property Law conference has become well-known as a unique opportunity for property lawyers to meet and confer both formally and informally. This volume is a refereed and revised selection of the papers given there. It covers a broad range of topics of immediate importance, not only in domestic law but also on a worldwide scale.
The essays in this collection consider the fundamental concepts of property and obligations in law. Ideas of property and of obligations are central, organising concepts within law but are nevertheless liable to fragmentation and esoteric development when applied in particular contexts.
Placing key judgments and expert commentary at your fingertips, Family Law: Text, Cases, and Materials presents everything the undergraduate student needs in one volume. Drawing on their extensive experience, the authors offer a detailed and authoritative exposition of family law illustrated by materials carefully selected from a wide range of sources. The book has two principal aims: to provide readers with a thorough understanding of the law relating to the family, and to do so in a way that stimulates critical reflection on that law. Readers are encouraged to consider how and why the law has developed as it has, what policies it is seeking to pursue, whether it achieves the right balance between the rights and interests of individual family members and the wider public interest, and how it operates in practice. Online Resource Centre The text is supported by a substantial Online Resource Centre, which features regular updates on the law, further reading suggestions, and revision questions to accompany each chapter. The website also features supplementary coverage on the following topics: Introduction to family law Family relationships between adults Family property and finances Domestic violence Financial and property provision for children Property and finances when relationships end Child protection
Biblical property law was concerned less with the efficient use and transfer of commercial assets than with protecting the rights of the family to the sources of their economic survival. This important collection of essays explores the legal link between property and family in the Bible, whether through the general law of inheritance or through special institutions such as redemption, the levirate and the sabbatical and jubilee years. It brings together the author's existing contributions, previously published in disparate law journals, to which have been added several unpublished studies and a general introduction.
This book is based on an extensive field work in which the author tried to study the customary law of property of an African agrarian tribal community of ma - also known as Nyima - of the Nuba Mountains in the northern Sudan. The writer has tried to explain the nature of property holding in the light of the people's philosophy evidenced in their social structure and their traditional beliefs. Special attention is paid to the traditional structure of political leadership in this highly segmented society that was prone not only to inter-tribal wars but was also in a constant 'fission and fusion' among themselves when not at war with other neighboring tribes. In discussing jurisdictional issues, and traditional settlement mechanisms based partly on law and custom, both adopted by this egalitarian society, the study is made currently relevant by keen observation on the effect of modernity on traditional ethics and morality of the ma society that was once described by some authors as being 'impervious to foreign influence." Furthermore, the reception and assimilation of the state law together with the Shari'ah laws in various areas such as that relating to property devolution, family institution, and burial rites is treated as being of great significance in the overall development of the tribal customary laws. Like any other Nuba tribe, the consciousness of the ma people of their ethos of identity marks their ferociously guarded customs and traditions prevalent up-to-date. The book is not only a precious academic endeavor full of keen observations, in depth study and analysis of tribal customary laws of property; but is also a memoir for the author to commemorate formidable tribal group of the ma people in the Nuba Mountains of the Sudan."
A CANADIAN BESTSELLER FULLY REVISED AND UPDATED For more than 30 years, Canadian Family Law has helped us to understand the legal issues surrounding marriage, separation and divorce, child custody and support. Now in its tenth edition, Canadian Family Law provides information on recent developments in family law, such as same-sex marriage, alternative dispute resolution and child support. Among the topics covered are: The rights and obligations of marriage The components of a separation agreement Spousal support Child support and the new guidelines Guiding principles regarding custody of children Property rights and division of property The divorce procedure Domestic contracts The enforcement of agreements Mediation and arbitration A comparative analysis of family law statutes. Illustrated with case studies, Canadian Family Law is the standard reference guide that people who are contemplating marriage, or separation and divorce, turn to for informative, readable and authoritative commentary.
Die ökonomische Analyse des Rechts durchdringt heute sämtliche Rechtsgebiete, vom allgemeinen Zivilrecht über das Wirtschaftsrecht bis hin zu den verfassungsrechtlichen Grundlagen. Vor dem Hintergrund von Europäisierung und Internationalisierung des Rechts beschäftigen sich 59 namhafte Rechtswissenschaftler und Ökonomen aus 15 Ländern mit aktuellen Grundsatzfragen und künftigen Perspektiven der ökonomischen Analyse des Rechts. The interrelationship of law and economics has penetrated several areas of law, including general civil law, business law as well as constitutional law. 59 renowned legal scholars and economists of 15 countries discuss current fundamental issues in law and economics as well as its future perspectives. A special focus is placed on the Europeanisation and the internationalisation of the law.
A meticulously researched and revisionist study of the nineteenth-century Ontario's Married Women's Property Acts. They were important landmarks in the legal emancipation of women.
Recommendations -- Background -- Women's property rights violations and their consequences -- Contributing factors -- International legal standards -- Conclusion.
For a full list of entries and contributors, sample entries, and more, visit the Routledge International Encyclopedia of Women website. Featuring comprehensive global coverage of women's issues and concerns, from violence and sexuality to feminist theory, the Routledge International Encyclopedia of Women brings the field into the new millennium. In over 900 signed A-Z entries from US and Europe, Asia, the Americas, Oceania, and the Middle East, the women who pioneered the field from its inception collaborate with the new scholars who are shaping the future of women's studies to create the new standard work for anyone who needs information on women-related subjects.
This Book Will Not Only Be A Useful Reference Text For Those Dealing In Marital Law, Property Law And Gender Justice, It Will Welcomed By Women`S Groups And Ngos.
Landmark Cases in Land Law is the sixth volume in the Landmark Cases series of collected essays on leading cases (previous volumes in the series having covered Restitution, Contract, Tort, Equity and Family Law). The eleven cases in this volume cover the period 1834 to 2011, although, interestingly, no fewer than six of the cases were decided or reported in the 1980s. The names of the selected cases will be familiar to property lawyers. However, individually, the essays provide a reappraisal of the cases from a wide range of perspectives - focusing on their historical, social or theoretical context, highlighting previously neglected aspects and even questioning their perceived importance. Collectively, the essays explore several common themes that pervade the law of property ? the numerus clausus principle, the conclusiveness of registration, the desirability of certainty in the law and the central question of the enforceability of interests through changes in ownership of land. This volume provides a collection of essays that will be of interest to academics, students and practitioners.