Law Of Succession Research Articles

Formation of inheritance elements after the author’s death: in the borderland between law of succession and copyright law

Formation of inheritance elements after the author’s death: in the borderland between law of succession and copyright law

Obliteration and Revocation in the Law of Succession: Re McEnroe [2021] IECA 28

Obliteration and Revocation in the Law of Succession: Re McEnroe [2021] IECA 28

The Nexus between Marriage & Succession Laws: Dissecting Estate Allocation and Governance in Botswana

The Nexus between Marriage & Succession Laws: Dissecting Estate Allocation and Governance in Botswana

Social values as succession law limits: Focus on the succession law of Slovakia

Social values as succession law limits: Focus on the succession law of Slovakia

Article: Albanian (International) Succession Law and the EU Legislation

Article: Albanian (International) Succession Law and the EU Legislation

Book Review: Gys Hofmeyr & Mohamed Paleker The Law of Succession in South Africa (2023)

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Microbial Succession Law of the Daqu‐Making Environment in Jiang‐Flavor Daqu

Jiang‐flavor Daqu is the starter used in the production of Jiangxiangxing Baijiu, as it is the primary source of microorganisms. The production of Jiangxiangxing Baijiu heavily relies on the use of Jiang‐flavor Daqu, wherein the quality of the latter is intricately associated with the surrounding environment during the Daqu‐making process. The objective of this study was to investigate the evolution pattern of microbial communities in the Daqu‐making environment as the Daqu room application period increased and determine their role in shaping Jiang‐flavor Daqu microbial communities. There was a certain level of overlap observed in the dominant microbial genera between the Daqu‐making environment of Jiang‐flavor Daqu and Jiang‐flavor Daqu itself. Consequently, this may explain the close relationship observed in both bacterial life activities. And there was also a strong correlation between the ground and air fungal communities in the Daqu‐making house during various usage periods. Furthermore, the composition of microbial communities in the air, the composition of microbial communities in the ground, the bacterial function in the air, and the bacterial function in the ground displayed varying degrees of similarity. However, it is worth noting that the microbial community structure undergoes changes with the gradual increase in the usage time of the fermentation chamber, leading to differences in microbial markers between various fermentation chambers. Most importantly, the quantity of bacteria, molds, and yeasts in the production environment during the initial use stage of the Daqu room was generally advantageous. Additionally, the microbial community in Jiang‐flavor Daqu primarily originates from the initial production environment in the Daqu room. The study demonstrated that the microbial community structure in the Daqu room during the early stage significantly contributes to the formation of the microbial community structure in Jiang‐flavor Daqu. These findings provide novel insights for improving the quality of Jiang‐flavor Daqu.

Spatial and temporal patterns of phytoplankton community succession and characteristics of realized niches in Lake Taihu, China

Understanding the dynamics and succession of phytoplankton in large lakes can help inform future lake management. The study analyzed phytoplankton community variations in Lake Taihu over a 21-year period, focusing on realized niches and their impact on succession. The study developed a niche periodic table with 32 niches, revealing responses to environmental factors and the optimal number of niches. Results showed that the phytoplankton in Lake Taihu showed significant spatial and temporal heterogeneity, with biomass decreasing as one moved from the northwest to the southeast and expanding towards central lake area, and towards autumn and winter. Different phytoplankton groups in Lake Taihu occupied realized niches shaped by temperature, nitrate, and phosphate. To predict the response of eutrophic freshwater lake ecosystems to human activities and climate change, it is critical to interpret the law of phytoplankton bloom and niche succession.

“I Remember the Days of Old; I Meditate [on All Thy Works

Abstract This article analyzes the short book The Origin of the Law of Succession in Russia (1925) by St. John of Shanghai and San Francisco (1896–1966, canonized 1994) for its treatment of succession to the throne in Kyivan, Muscovite, and Imperial Russian history. In it, St. John makes the case for the gradual and intentional development of primogeniture in Muscovy and sees the Petrine Law of Succession of 1722 as a fundamental violation of customary norms about the succession. He also sees the Pauline Law of Succession of 1797 as a restoration of those norms and a step forward in the regularization of the succession. St. John discusses how the Russian Revolutions of 1917 affected the Romanov dynasty and concludes that the Pauline Law was and would continue to be a vital legal instrument for maintaining the dynasty in exile. He also recommended the elimination of the Law’s equal marriage requirement and the addition to it of a requirement that all members and spouses of members of the dynasty be Orthodox. St. John’s book became an important reference work for generations of surviving Romanovs after 1917, even if his suggested changes to the Law have yet to be implemented.

Effects of the eradication of the rule of male primogeniture on the customary law of succession

This article discusses the consequences of the abolition of the rule of male primogeniture by closely and critically discussing the outcome of the Bhe v Magistrate Khayelitsha case. Therefore, exposing the effect of implementing and extending common law solutions as a means of bringing customary law in line with the Constitution to achieve the right of equality. Thus, the author advises that courts and the legislature should have employed a different method rather than one of extending the application of the Intestate Succession Act 81 of 1987, which subsequently led to the promulgation of the Reform of Customary Law of Succession and Regulation of Related Matters Act11 of 2009, to customary law of succession. Summarily, this article cautions against imposing common law solutions, directly or indirectly, on customary law challenges and advises on utilising customary law institutions, mechanisms and/or remedies to bring customary law in line with the Constitution.

Do women face discrimination under the Islamic law of succession? An examination of the male-preferential 2:1 rule of inheritance

There is a common belief that women's rights and Islamic Sharfah law (finding its basis in the Holy Qur'an and the Prophetic teachings) are intrinsically at odds with one another. The 2:1 ratio of inheritance in favour of the male, which is enshrined in the Holy Qur'an, is the subject of this article's investigation into whether the Islamic law of succession discriminates against women. The paper explores the justification for this controversial rule, and further indicates that it is merely a general rule, not an absolute one. To address the main query of this article, a range of primary and secondary sources that cover various facets of this rule and its implementation are relied upon. The article demonstrates that, contrary to popular belief and much beyond what "modern civilisation" has provided, Sharfah law grants women far more rights than might initially be thought to exist.

Legal Implications of the Law of Child Act on the Intestate Rules of Customary Law in Tanzania

This paper explores legal implications of Child Act, 2009 concurrently with the intestate rules of customary law in Tanzania (to be on referred as intestate rules). From the discussion it is evident that little study has been done on this area of law since the colonial masters left 60 years ago. The main issue that this paper identifies is the inequality in provisions of the intestate succession laws, which is contrary to the provisions of equality, brought about by the Law of Child Act dispensation. The article also seeks to unearth contradictory application of the intestate rules of customary law in Tanzania. Reference is made to the leading judicial decisions which directly affects and alters the intestate rules. This is followed by a brief discussion of unequal intestate rules and judicial decisions. The inroads to be made in order to improve children right to parental property in this field of intestate rules are suggested including reform in this area of law. This study is limited to the applicability of codified intestate rules from patrilineal societies as provided under the Local Customary Law Declaration Order (NO. 4), GN 346/1963(to be referred as GN 436/63 to be referred as GN 436)

Institutional Improvement and Judicial Application of the Civil Code — Succession Book

China’s Civil Code — Succession Book is codified on the basis of the Law of Succession, with both legislative improvement and institutional innovations. The legislative improvement is reflected in various systems such as intestate succession, testate succession and testamentary gift, disposition of estates; the institutional innovations are reflected in the systems of disinheritance, succession in subrogation, the form and validity of wills, and the administrator of the estate. In order to accurately understand and apply the Civil Code — Succession Book, safeguard people’s succession rights and interests, and promptly resolve succession disputes, the Supreme People’s Court promulgated the Interpretation (I) of the Succession Book, which is significant in refining the legal norms of succession, clarifying the application situations of the legal norms of succession, judging the validity of succession, and safeguarding the rights and interests of the parties concerned.

AN ANALYSIS OF DIFFERENCE OF RELIGION AS A DISQUALIFICATION FROM INHERITING IN TERMS OF THE ISLAMIC LAW OF SUCCESSION: A SOUTH AFRICAN CASE STUDY

A Muslim man can marry a maximum of four women at a time in terms of Islamic law. These women may include Muslim women, Christian women, and Jewish women. It is noted that a Christian and Jewish widow would not inherit from the intestate estate of her deceased Muslim husband in terms of the Islamic law of intestate succession. This article analyses the problems with this type of discrimination within the South African context. Interfaith marriages between Muslims and non-Muslims are looked at first. Then the disqualification of a Christian widow inheriting from her deceased Muslim husband’s estate in terms of the Islamic law of intestate (compulsory) succession and testate (optional) within the South African context is discussed. The article concludes with an overall analysis of the findings and makes a pertinent recommendation.

Environmental factors drive the succession of microbial community structure during wheat Qu fermentation

Environmental factors significantly affected the succession of microbial communities during the fermentation of Huangjiu Raw wheat Qu (RWQ). Influence of environmental factors on microbial community during fermentation of Chinese Huangjiu RWQ. The interaction of environmental factors and microorganisms affects the changes of microbial communities and key enzyme transcript levels in different stages during the production of Huangjiu RWQ. This study combined environmental factor analysis and high-throughput sequencing technology to comprehensively analyze the specific changes of microbial communities and environmental factors at each stage of Huangjiu production. In addition, the influence of the interaction of environmental factors and microorganisms on microbial succession was investigated by correlation analysis, and the enzymes related to saccharification and ethanol fermentation during the production of RWQ were explored. The results showed that Bacillus, Weisseria, Thermophilic actinomycetes and Lactobacillus were the dominant bacteria in RWQ, while Aspergillus, Thermomyces, Fusarium and Alternaria were the dominant fungi. Fungi were active in the early stage of RWQ fermentation, while bacteria were active in the middle and late stage of fermentation. Microbial community succession was closely related to environmental humidity and CO2. These environmental factors were positively correlated with most fungi, but negatively correlated with Thermophilic actinomycetes, Glycopolyspora and Acinetobacter. In fungi, the enzymes related to saccharification and fermentation mainly came from Thermophilic ascomycetes and thermophilic fungi, while in Bacteria, these two enzymes mainly came from weisseria. This study revealed the relationship between RWQ microbe and environmental factors, which was helpful to clarify the succession law of RWQ microbe.

Law Enforcement of Narcotics Abuse: Case Study of Investigation Process in Narcotics Criminal Acts in The Kolaka District National Narcotics Agency

Narcotics abuse recently has always increased, not only among adults but also among adolescents and children. The cause of this abuse consists of two factors, namely factor internal and external. Therefore, cases of drug abuse are increasing every year. This study was conducted with the aim to find out the form of law enforcement against narcotics abusers in the process of investigating narcotics crimes. The research method used in this study was normative juridical approach which is supported by empirical juridical by detailing the description and collecting primary data through interviews. The results of this study show that there are two forms of law enforcement against narcotics abusers, namely repressive law enforcement and rehabilitative law enforcement as regulated in Law Number 35 of 2009 concerning narcotics. Based on the interviews conducted, it is known that there are several obstacles in law enforcement on narcotics cases at the Kolaka National Narcotics Agency, namely the lack of personnel, the unresponsive community in providing information to investigators as the key to successful law enforcement and decreasing of operational costs in supporting facilities and infrastructure

GESKIEDENIS VAN DIE MAN- LIKE EERSGEBOORTEREGSREëL IN DIE INHEEMSE REG DEEL II: ONLANGSE REGSPRAAK

This article explores the recognition of the male primogeniture rule in the customary law of succession. In the first of three parts, part one of the article traces the recognition of the rule in the various decisions of the Appeal Court of the Commissioners' courts. Part two deals with the constitutionality of the male primogeniture rule in terms of recent case law, whereafter the discussion is concluded in part three with an overview of the recommendations of the South African Law Reform Commission in this regard.

Protection of Personal Rights in Law of Succession

This author aims to demonstrate that in addition to the legal measures provided for in Article 24 of the Polish Civil Code, protection of personal rights may also indirectly serve the institutions mentioned in Book IV of the Civil Code, one of which is the law of succession. These institutions are primarily disinheritance (Article 1008 of the Civil Code) and unworthiness of inheritance (Article 928 of the Civil Code), as well as the exclusion of a spouse from inheritance (Article 940 of the Civil Code). They serve to protect, above all, such personal rights as life and health, honour and freedom, in particular the freedom to make a will. Violation of these personal rights will be met with specific pecuniary sanctions, among them, deprivation of the right to inheritance, to the reserved share of the estate, to bequests, or to the statutory superannuation as provided for in Article 939 of the Civil Code.

Mshengu v Estate Late Mshengu 9223/2016P - Considering the ownership of house property in customary law

The Recognition of Customary Marriages Amendment Act 1 of 2021 was enacted to address the proprietary consequences of customary marriages. This note examines the implications of the Amendment Act in light of the Mshengu v Estate Mshengu 9223/2016P judgment, which was decided shortly after the Amendment Act came into effect. Three key issues are analysed: first the potential conflict between the Amendment Act and the Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009 in relation to the ownership of house property; second the challenges in classifying property as house or family property; and third the impact of the devolution of property on the rights of other family members. The analysis emphasises the importance of soliciting input from communities who live according to customary law and highlights the need for legislation that is flexibly drafted to accommodate nuanced customary law practices and provide avenues for redress in cases where statutory provisions yield unfair outcomes.

Laws of Succession Ordinances by the Religious Leadership of Sephardi and Moroccan Jewish Communities and Their Economic, Social and Gender Implications

This paper discusses the innovativeness of the Inheritance Ordinance introduced in Toledo during the 12th century and later reintroduced in Fez in Morocco following the expulsion of Jewish communities from Spain and Portugal. Community leaders in Toledo, and after the expulsion also in Fes, transformed the laws of succession established in biblical times by granting women equal rights on matters of inheritance by marriage. The ordinance also granted unmarried daughters the right to inherit alongside their brothers despite the fact that, according to biblical law, daughters do not inherit when there are sons. Inheritance ordinances had significant social, financial and gendered implications on Jewish lives in many communities. The study will show that leaders of Sephardi Jewish communities were nothing less than advanced in their innovative and unprecedented ordinances related to women’s inheritance. Their innovativeness followed a number of preliminary conditions which enabled it. First and foremost was the authority vested in these Jewish leaders by the monarchy in various parts of Spain and Portugal. The laws of the kingdom in these countries granted women equal rights in succession laws. So as to avoid significant differences and reduce legislative gaps, ordinances were issued to correspond with national realities. Spain had been the world’s center of Jewish Halacha following the period of the Geonim—the heads of the ancient Talmudic academies of Babylonia and its sages—, and the Sephardic sages felt that their position allowed them to make bold decisions. The most innovative Jewish ordinance issued in this regard back in the 12th century was the Tulitula ordinance, originating from the city of Toledo, home to one of the largest and most affluent Jewish communities of the time. The regulation granted wives rights over their husbands’ inheritance regarding property established during their joint lives, as well as property which she had brought with her to the marriage. Following the Expulsion of Jews from Spain, the expelled sages, arriving in Morocco, reinstated the Tulitula ordinance in the newly established community of the city of Fez, further improving women’s position beyond the provisions of the original regulation. The new circumstances following the expulsion resulted in many Jewish communities in Morocco adopting the new version of the regulation. As they had been forced to wander from place to place, the expelled communities encountered severe problems involving family law. The ordinances spread throughout nearly all Jewish communities in Morocco. In the 19th century, a number of changes were introduced to the Fez ordinances, which in practice diminished women’s inheritance rights. However, the essence of the original ordinance was ultimately assimilated into Rabbinical and Supreme Court rulings of the State of Israel, due to its suitability to Israel’s modern inheritance laws and to the legislation of the Women’s Equal Rights Law in 1951. The leadership of Spanish sages and community leaders in various countries and of rabbinical judges in Fez, Morocco, had been both charismatic and rational and included modern components for coping with social change and new realities under the Kingdoms of Spain as well as following the expulsion.