Law Of Succession Research Articles

OS DESAFIOS DO DIREITO DAS SUCESSÕES NA HERANÇA DE BENS DIGITAIS NO BRASIL

This scientific article addresses the Inheritance of Digital Assets and the role of Succession Law in Brazil, with information regarding current legislation and examples of concrete cases. It presents examples of digital goods such as cryptoassets, items in virtual games, items stored on the Blockchain, among others. In this way, without intending to exhaust the topic, the authors bring up the importance of Succession Law linked to the lack of specific legislation on the topic, leaving it at the mercy of the judiciary to resolve broad issues or even the need for the owner of the assets to make a will directing instructions to heirs on how to access a certain asset, given the variety of items and their diverse economic value, which in some cases can even be compared to the values ​​of real estate in Brazil.

To Bequeath or not to Bequeath? A South African Law Analysis of the "Problematic Areas" Found in the Islamic Law of Intestate Succession

The fairness of the Islamic Law of compulsory succession remains a heavily contested issue all over the world. Frequently debated topics, referred to in this article as the "problematic areas", include the 2:1 division of inheritance in favour of the male, the disqualification of a child born out of wedlock and the exclusion of an adopted child from the Islamic intestate inheritance equation. This equation is found in the primary texts of the religion of Islam i.e., the Holy Qur'ān and Prophetic teachings. These texts contain a formula dictating how the assets in a deceased person's estate should devolve, with individual freedom of testation limited to only a third of the net estate. The position followed in South African law is vastly different to the aforementioned. This article focusses on these so-called problematic areas found in the Islamic law of intestate succession. Part One of this article demonstrates these differences through the use of a hypothetical scenario involving person X. This hypothetical scenario includes an investigation of all three "problematic areas" mentioned. The article further progresses to uncover the rationale for each of these principles. The concluding section of this article provides recommendations on the lawful remedies available to Muslim testators wanting to create a more equitable distribution.

Implications of Islamic Mahr (dower) and African Lobolo (bride-price) on Religious and Customary Marriages and the Rights of Muslim Women to Inherit in South Africa

Abstract The monogamous and polygynous customary marriages of indigenous Black Africans have been fully legally recognised in South Africa since 1998. The outcome of a June 2022 apex Constitutional Court judgment will finally result in monogamous and polygynous Muslim marriages (nikāḥ) being fully legally recognized and regulated by the State by 2024. Since this recognition does not include the Islamic law of succession (which will not pass constitutional muster because of half-share to women), when Muslims die intestate, the secular law is expected to apply. The payment of mahr (dower) by the groom to the bride (an important ingredient of a nikāḥ contract) is therefore an important alternative tool for augmenting the inheritance of Muslim women during their lifetime. A novel fatwā issued by local Black African ulama in August 2022 brought to light several challenges faced by African Muslims regarding the relation of nikāḥ marriages to distinctive African traditional marriage practices like the lobolo (“bride price”) paid by the groom to the bride’s father. This paper examines the implications of mahr and lobolo on religious and customary marriages and the rights of local Black African Muslim women to inherit in terms of religion and custom.

Life after Death? Legal Relations of Companies after Cessation of their Legal Existence

The cessation of the legal existence of a company affects many entities that have entered into legal relations with it. Above all, its unsatisfied creditors are affected, but the legal situation of the company's shareholders is also altered. Legislators approach the issue of the cessation of the company's legal existence in different ways and address the problems related to the status of the legal relations of the defunct company differently. The paper presents the two main approaches legislators adopt in this regard in several European jurisdictions (Italy, Poland, the United Kingdom, Germany, France, Spain and Switzerland) and discusses models that exemplify each approach. The study points out the strengths and weaknesses of these approaches and various models, paying particular attention to the way in which the interests of stakeholders and shareholders are balanced and how legal certainty is addressed in each of them. The paper seeks to answer the question of whether it is legitimate to build parallels between the cessation of the legal existence of an individual and a company and to draw on institutions known from succession law when regulating the legal relations of defunct companies. Keywords: Defunct company; Striking off; Legal succession; Liquidation; Creditor’s protection

Peripheral activism: understanding the influence of California and Texas on the American Union

ABSTRACT A common conception of modern states is that central governments adopt and then enforce their desired laws on the entirety of their territory. The reverse, however, is also possible. That is, distant but prominent peripheries can influence the laws and functions of the entire territory. This article discusses the latter dynamic by considering the influence of California and Texas on US society. In the US, its member states can influence the centre vertically and horizontally. Vertical influence occurs when states directly influence the federal government – for California and Texas, this influence rests on their large number of federal representatives and their internal single party dominance. Horizontal influence occurs when states influence other states – that is, states can adopt successful laws already present in other states. A combination of the two can take place where states cooperate to then influence the centre. Together, these behaviours demonstrate peripheral activism, actions political sub-units take to stamp their preferred vision of society on their broader state. To supplement the discussion, I discuss the ideological divide between California and Texas and how they attempt to stamp their preferred vision of politics on the US.

Parent, meaning who? Biotechnological revolution in human procreation and succession law in Poland

Recent developments in assisted reproductive technology (ART) – the use of third parties in the process of fertilization and pregnancy, and cryopreservation of human sperm, ova and human embryos – have contested many previously unchallenged paradigms related to parenthood. Currently, the thesis that a person is created by the physical consummation of two living parents of the opposite sex, is no longer as simple and clear cut. Undoubtedly, these changes affect social norms, including the legal systems of individual states which take divergent stances on the above-mentioned issues. For example, in their approach to filiation relations of a child born through ART and how his/her parents’ data are entered on the child’s birth certificate. Intensified migration movements of Poles to the USA and an increased number of cross-border (Polish and American) relationships have resulted in a growing frequency of foreign birth certificates appearing in Poland. Though incompatible with the Polish law, such certificates provide grounds for certain claims to be filed since vital records are documents of particular importance in every legal order, and in succession proceedings they are of fundamental value. Thus, a question arises as to the viewpoint of Polish law in regard to American birth certificates which do not comply with the rules in force in Poland regarding the filiation indicated therein. Can a child inherit by operation of law from people of the same sex indicated in his/her birth certificate issued abroad and can he/she inherit from all the parents named in such a certificate even if there are more than two of them? Does a child conceived several years after the death of his/her father, whose data feature on the American birth certificate, have a right to inherit from him in Poland? This article attempts to answer these questions.

New Method to Recover Activation Energy: Application to Copper Oxidation

The calculation of the activation energy helps to understand and to identify the underlying phenomenon of oxidation. We propose a new method without any a priori hypothesis on the oxidation law, to retrieve the activation energy of partially and totally oxidized samples subject to successive annealing. The method handles the uncertainties on the measurement of metal and oxide thicknesses, at the beginning and at the end of the annealing process. The possible change in oxidation law during annealing is included in the model. By using an adapted Particle Swarm Optimization method to solve the inverse problem, we also calculate the time of final oxidation during the last annealing. We apply the method to successive annealings of three samples with initial nanometric layers of copper, at ambient pressure, in the open air. One, two and three successive laws are recovered from experimental data. We found activation energy values about 105–108 kJ mol−1 at the beginning of the oxidation, 76–87 kJ mol−1 at the second step, and finally 47–59 kJ mol−1 in a third step. We also show that the time evolution of copper and oxide thicknesses can also be retrieved with their uncertainties.

What Drives Support for Armed Humanitarian Intervention? Experimental Evidence From Dutch Citizens on International Law and Probability of Success

What Drives Support for Armed Humanitarian Intervention? Experimental Evidence From Dutch Citizens on International Law and Probability of Success

Medicine in the Digital Era: Legal Aspects of the Use of Cell and Gene Therapy in Foreign Countries

The paper examines the experience of legal regulation of the use of cell and gene therapy products, including CAR-T technologies, in the Anglo-Saxon legal system. It is noted that a significant obstacle to the development of CAR-T therapy, as well as cell and gene therapy in general, is the absence in most countries of the world of comprehensive legal regulation of the use of such innovative methods of treating diseases. Currently, this problem is relevant for the Russian Federation, where cell and gene therapy drugs are actively being developed. The paper provides a detailed overview of the main relevant documents from Australia, the United States of America and Canada, analyzes specific cases illustrating successful law enforcement practice, and examines the mechanisms of self-regulation in the area under study. In conclusion, the authors formulate the key problems and ways to improve legal regulation as to cell and gene therapy drugs application in the Russian Federation. The authors recommend that the best practices of these foreign countries be used, taking into account its critical understanding for the development of appropriate regulatory regulation in the Russian Federation and integration associations with its participation.

‘The most extensive reform ever made in the private law of Ghana’: a political history of the 1985 Intestate Succession Law

ABSTRACT Ghana's 1985 Intestate Succession Law (PNDC Law 111) is a notable example of attempts by postcolonial African states to introduce new forms of protection for widows and children in cases of death ‘intestate' (that is, when the deceased person had not made a valid will). Whilst some legal scholars depicted Law 111 as a radical departure from customary laws pertaining to marriage and property, feminist scholars have been more sceptical, pointing to deficiencies in both the letter and implementation of the law, and advocating for further reform. This article is driven by a historical question: given that several previous governments had considered the issue of intestate succession but had not actually reformed the law, why did the military regime of Flight Lieutenant Jerry Rawlings decide upon Law 111 in 1985? The national archives for this period are fragmentary, but we draw from newspapers, ‘grey literature', and oral history interviews to trace the prolonged struggle over intestate succession, suggest what motivated the Rawlings' regime in 1985, and identify the compromises that were made. By locating Law 111 in Ghana's postcolonial political history, we nuance established typologies of women’s organisation, activism, and advocacy.

РОЗРОБКА МЕТОДУ ФУНКЦІОНУВАННЯ ДЕЦЕНТРАЛІЗОВАНИХ КОМП'ЮТЕРНИХ СИСТЕМ ПРИ ВИРІШЕННІ ПРОБЛЕМИ СПАДКОЄМНОСТІ

This article explores the application of smart contracts in inheritance matters within the contemporary digital realm. The first part analyzes the complexities and traditional processes of inheritance in Ukraine, identifying various forms of inheritance based on testamentary and intestate succession laws. The subsequent sections highlight the advantages of utilizing smart contracts, emphasizing transparency, automation, and cost-effectiveness in managing inheritance. Additionally, the article discusses legal considerations and underscores the importance of ensuring the reliability of smart contracts. Overall, smart contracts represent an innovative approach to managing inheritance, offering new opportunities for efficient, transparent, and trustworthy asset distribution among heirs in decentralized systems. For the first time, the use of a smart contract in the blockchain was proposed to solve the problem of succession, which opens the way to new opportunities in the field of inheritance and management of inherited assets. They provide transparency, automation, and cost-effectiveness, making them an attractive tool for continuity in decentralized computing systems. Therefore, smart contracts represent an innovative approach to the management of inherited property, which creates new opportunities for efficient, transparent and trustful distribution of property between heirs. In addition, they can ensure the security and inviolability of the rights of the heirs, since all the terms of the inheritance distribution are fixed in the code of the contract, which cannot be changed, which excludes the possibility of its manipulation by any party. Thanks to blockchain technology, smart contracts can also provide security and necessary documentation to enforce inheritance rights to property, while avoiding the shortcomings of traditional inheritance management systems.

Will substitutes in EU private international law: deathbed gifts and contracts for the benefit of a third party upon death

Will substitutes exist in many legal systems, including those of Member States of the European Union. Two of these will substitutes are deathbed gifts and contracts for the benefit of a third party upon death. Both instruments are located at the intersection of succession law and contract law and are therefore difficult to characterise for the purposes of private international law. One could either characterise them as succession instruments in the sense of the EU Succession Regulation or as contracts in the sense of the Rome I Regulation. This article analyses the different options on how to characterise these will substitutes by taking into account the wording of both Regulations, comparative analysis of the substantive law, the likelihood of adaptation and the recent judgment by the Court of Justice of the European Union (CJEU) on this matter.

A Critical Assessment of the Effectiveness of Law of Intestate Succession in Masaka District of Uganda

This study critically assessed the law of intestate succession in Masaka district of Uganda, with the aim of inspiring Ugandan authorities to create a special legal structure to govern the law of intestate succession. The study secondarily sourced its data from textbooks, journals, online blogs and statutory books. At the end, calls for the law to specify the maximum number of executors for a given portion of the deceased's assets. Additionally, the legislative revision should empower the High Court to replace an incompetent executor with an administrator. Retraction of a probate renunciation for particular circumstances should be considered in the legislative amendment. The legislation should be amended to allow rapid remedy if a beneficiary or other interested party proves the grantee breached duty, was fraudulent, or inefficient in estate management. The legislative modification should shield the estate from distribution before letters of administration and probate. Amendments to the statute should expand the avenues for grant revocation, such as application by an interested party and Administrator General Intervention. The government and civil society should develop initiatives to strengthen the administrative system for managing the estates of deceased individuals. Finally, law penalties should be modified to reflect contemporary socio-economic situations and reflect a punitive posture. Keywords: Assessment, Intestate, Succession law, Testate, Will.

Interannual succession of phytoplankton community in a canyon-shaped drinking water reservoir during the initial impoundment period: Taxonomic versus functional groups

During the initial impoundment period of a canyon-shaped reservoir, the water body fluctuated violently regarding water level, hydrological condition, and thermal stratification. These variations may alter the structure of phytoplankton community, resulting in algal blooms and seriously threatening the ecological security of the reservoir. It is of great significance to understand the continuous changes of phytoplankton in the initial impoundment period for the protection of reservoir water quality. Therefore, a two-year in-situ monitoring study was conducted on water quality and phytoplankton in a representative canyon-shaped reservoir named Sanhekou and the interannual changes of phytoplankton community and its response to environmental changes during the initial impoundment period were discussed at taxonomic versus functional classification levels. The results showed that the total nitrogen and permanganate index levels were relatively high in the first year due to rapid water storage and heavy rainfall input, and the more stable hydrological conditions in the second year promoted the increase of algae density and the transformation of community, and the proportion of cyanobacteria increased significantly. The succession order of phytoplankton in the first year of the initial impoundment period was Chlorophyta-Bacillariophyta-Chlorophyta, or J/F/X1-P/MP/W1-A/X1/MP, respectively. And the succession order in the second year was Cyanobacteria/Chlorophyta-Bacillariophyta-Chlorophyta, or LM/G/P-P/A/X1-X1/J/G. Water temperature, relative water column stability, mixing depth, and pH were crucial factors affecting phytoplankton community succession. This study revealed the interannual succession law and driving factors of phytoplankton in the initial impoundment period and provided an important reference for the operation management and ecological protection of canyon-shaped reservoirs.

Testamentary undue influence in Australia: should it be reformed?

Abstract Testamentary undue influence is a doctrine distinct from the equitable doctrine of undue influence. The requirements to prove testamentary undue influence have caused academic and judicial criticism questioning whether the doctrine adequately safeguards the vulnerable testator. As the aged population increases, it is increasingly important to re-examine the level of protection afforded by the doctrine. The doctrine of testamentary undue influence should be modified to be closer in line with equitable undue influence in inter vivos transfers to enable succession law to promote more just outcomes that uphold the true intention of testators in contemporary Australia.

A profile of two different applicant test batteries with regards to sex and age in successful law enforcement applicants.

Law enforcement (LE) applicant assessments and initial academy training vary greatly across the United States of America (USA), with 820+ academies operating across 50 different states. Rising obesity and declining physical fitness underscore the need for benchmarks of applicant physical performance. Create a "point-in-time" descriptive profile of the performance of LE applicants and determine any differences between males, females, and age using two applicant test batteries (ATBs). Archival data from one large USA LE academy were analysed. Applicants completed one of two ATBs; ATB1 (n = 1674): 68.8-meter agility run (AR), 60-s push-ups, 60-s sit-ups, 60-s arm ergometer revolutions, and 2.4 km run; ATB2 (n = 355): AR, 60-s push-ups, 60-s sit-ups, and a multistage fitness test. Data were coded for sex and age. Independent samples t-tests compared the sexes. A one-way ANOVA with Bonferroni post hoc analysis compared age groups (18- 24, 25- 29, 30- 34, 35- 39, 40 + years). Males outperformed females in all fitness assessments across both ATBs (p≤0.02). The 18- 24 age group demonstrated faster run times in the AR and 2.4 km for ATB1 compared to all groups. (p≤0.03). In ATB2, the 18- 24 age group was faster in the AR compared to all other groups except the 25- 29 age group (p≤0.026). Regardless of ATB used, females and older applicants generally would benefit from specific fitness training to better prepare for academy. Older applicants may experience greater challenges in running tasks, especially those involving sprinting, which could also be impacted by qualities important for running/sprinting (i.e., maximal strength and power).

Universal Laws, Nature Laws, God Laws, Spiritual, Philosophical & Science Laws: Origin, Rationales, Prophesy, and Human Well-Being

The natural world is built and operated by universal laws. Stephen Hawking prophecy states that by understanding the working of the universe, you will know and understand the mind of God. This paper focuses on analyzing different universal laws and their origin, rationale, and prophecy. This research is a framework of the science, rationale, vision, and metaanalysis of universal laws. The findings revealed that natural law, in philosophy, is a system of right or justice held to be common to all humans and is derived from nature. Natural law theory is concerned with two basic principles, which are morality and legality. God's eternal law is not fully cognizable by humans in His everlasting plan. The scientific laws of nature consist of many principles which were earlier assumed as Nature’s laws. The first spiritual law of success is pure potentiality which says humans are pure consciousness. The 12 universal laws are inherent and unchanging principles that ancient people intuitively discovered through their fact-finding efforts. The law of Newton’s gravity is considered “universal” and it is applicable on all bodies having a mass (sun, moon, earth, apple, etc.). The 7 cosmic laws are fundamental principles that control everyone and everything. God designed nature’s laws and blessed humans with rationality to understand them. Also, God's eternal law can be discovered by observing the behaviour of animals and planets, as well as understanding how people should behave.

2011–2015年洞庭湖洲滩群落植物生态型、生活型和生长型组成数据集

Analyzing plant life-forms and ecotypes can provide deep insights into the relationship between plant community structure and environmental conditions, and plant life-forms play an important role in understanding the emergence, development, and succession laws of plant community. An investigation was made on the species life-forms and ecotypes of wetland plants in Dongting lake wetland. In accordance with the unified monitoring specifications of the Chinese Ecosystem Research Network (CERN), the Dongting Lake Wetland Ecosystem Observation and Research Station conducts long-term positioning monitoring on the species composition, species life-forms, growth forms and ecotypes of typical beach vegetation in the wetland ecosystem in response to the changing hydrological conditions of Dongting Lake. The dataset of long-term monitoring conducted on three typical plant communities (Carex sp., Miscanthus lutarioriparius and Polygonum hydropiper) in Dongting Lake wetland has been verified by experts to ensure the accuracy of the data. We then classified and processed the data to obtain the dataset of community composition of plant life-forms, growth forms and ecotypes on Dongting Lake beach (2011–2015). The dataset covers a total of 8 indicators, namely species name, Latin name, life-form, growth form, ecotype according to light intensity, ecotype according to water requirement, ecotype based on soil pH and ecotype according to responses sediment burial. This dataset comes with detailed background information to ensure its consistency across both spatial and temporal dimensions. This dataset comes with detailed background information about site information and site management records to ensure its consistency across both spatial and temporal dimensions. This dataset can provide support for the analysis of the classification of plant life forms and the composition and structure of ecotypes, and serve as valuable reference for further study of vegetation succession in Dongting Lake wetland.

Saskatchewan law as a solution to the problem of informal wills in European countries?

Abstract This article is a presentation of the possible future of the law on the testamentary formalities, particularly in countries that adhere to very strict formal requirements. The authors present the positions of doctrine to date and conclude that the Canadian legislation in the province of Saskatchewan may offer a remedy to the problem of preparation of wills in contravention of the rules in the form of wills. In their opinion, the Canadian solution is a ready-made solution for many European legislators who would like to make their succession laws more flexible. The authors propose the wording of a provision that could be incorporated into the various legislations of European countries for this purpose.

The testamentary capacity in acute stroke. A cross-sectional study.

Succession law, which governs the creation and validity of wills, is closely tied to testamentary capacity (TC), the cognitive competence required for a valid will. This study explores TC in acute stroke patients and its connections to demographic and clinical characteristics. The research included first-time stroke patients admitted within 24 hours of symptom onset, meeting specific criteria. Data were collected, and assessment tools like the Addenbrooke's Cognitive Examination III (ACE-III) and Testamentary Capacity Assessment Tool (TCAT) were used. The study found that TCAT scores were not significantly affected by age or gender but positively correlated with education, the Barthel Index and ACE-III scores. They were negatively associated with National Institutes of Health Stroke Scale (NIHSS) and Modified Rankin Scale (mRS) scores. Specific cognitive domains, particularly memory and attention, were independent determinants of TCAT scores. This research introduces TCAT as a valuable tool for evaluating testamentary capacity in stroke patients and highlights the multifaceted nature of TC, emphasizing the need for a nuanced approach. As the population ages and complex medical conditions become more prevalent, understanding the interplay between cognitive functioning and testamentary capacity becomes increasingly crucial for both legal and medical professionals.