Launching a major new research project examining the principles of succession law in comparative perspective, this book discusses the formalities which the law imposes in order for a person to make a testamentary disposal of property. Among the questions considered are the following. How are wills made? What precisely are the rules - as to the signature of the testator, the use of witnesses, the need for a notary public or lawyer, and so on? Is there is a choice of will-type and, if so, which type is used most often and what are the advantages and disadvantages of each? How common is will-making or do most people die intestate? What happens if formalities are not observed? How can requirements of form be explained and justified? How did the law develop historically, what is the state of the law today, and what are the prospects for the future? The focus is on Europe, and on countries which have been influenced by the European experience. Thus in addition to giving a detailed treatment of the law in Austria, Belgium, England and Wales, France, Germany, Hungary, Italy, the Netherlands, Poland, and Spain, the book explores legal developments in Australia, New Zealand, the United States of America, and in some of the countries of Latin America with a particular emphasis on Brazil. It also includes chapters on two of the mixed jurisdictions - Scotland and South Africa - and on Islamic Law. The book opens with chapters on Roman law and on the early modern law in Europe, thus setting the historical scene as well as anticipating and complementing the accounts of national history which appear in subsequent chapters; and it concludes with an assessment of the overall development of the law in the countries surveyed, and with some wider reflections on the nature and purpose of testamentary formalities.

With obscure terms like 'emphyteusis' and 'jactitation,' the language of Louisianais civil law can sometimes be confusing for students and even for seasoned practitioners. But the 'Louisiana Civil Law Dictionary' can help. It defines every word and phrase contained in the index to the Louisiana Civil Code, plus many more--in clear and concise language--and provides current citations to the relevant statutes, code articles, and cases. Whether you are a student, researcher, lawyer, or judge, if you deal with Louisiana and its laws, this volume will prove indispensable. It is also a valuable resource for notaries and paralegal assistants. No doubt common law practitioners in other states, too, will find ready uses for a dictionary that translates civil law terminology into familiar concepts; they will know how 'naked ownership' is different from 'usufruct.' And since the civil law dominates the world's legal systems, this book will find a home with libraries and scholars the world over, anywhere there is a need to compare civil law terms with those of the common law.Quality ebook formatting from Quid Pro Books features active contents, linked notes and URLs, and hundreds of linked cross-references for ready association of related topics. Print editions are available of this valuable resource, yet the ebook format is not just a textual replication of the print book or a PDF; instead, the ebook is carefully designed to take full advantage of the digital ereader's optimal arrangements and hyperlinking. "Rome and Kinsella have done a huge service to legal scholarship by assembling the 'Louisiana Civil Law Dictionary' -- a splendid resource for those seeking to understand the rich vocabulary of Louisiana law." --Bryan A. Garner, President, LawProse, Inc.; and Editor in Chief, 'Black's Law Dictionary'

Ashley Baggett uncovers the voices of abused women who utilized the legal system in New Orleans to address their grievances from the antebellum era to the end of the nineteenth century. Poring over 26,000 records, Baggett analyzes 421 criminal cases involving intimate partner violence—physical or emotional abuse of a partner in a romantic relationship—revealing a significant demand among women, the community, and the courts for reform in the postbellum decades. Before the Civil War, some challenges and limits to the male privilege of chastisement existed, but the gendered power structure and the veil of privacy for families in the courts largely shielded abusers from criminal prosecution. However, the war upended gender expectations and increased female autonomy, leading to the demand for and brief recognition of women's right to be free from violence. Baggett demonstrates how postbellum decades offered a fleeting opportunity for change before the gender and racial expectations hardened with the rise of Jim Crow. Her findings reveal previously unseen dimensions of women's lives both inside and outside legal marriage and women's attempts to renegotiate power in relationships. Highlighting the lived experiences of these women, Baggett tracks how gender, race, and location worked together to define and redefine gender expectations and legal rights. Moreover, she demonstrates recognition of women's legal personhood as well as differences between northern and southern states' trajectories in response to intimate partner violence during the nineteenth century.