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The Paper deals with the importance of the Slovak influence (the role of Hungarian law and Slovak commissions) in the and recodification of civil law in Czechoslovakia for the time period 1918-1948 using the example of inheritance law. Firstly, different approaches in private law legislation after 1918 are presented (discontinuity, compromise, continuity with Hungarian law, continuity with Austrian law). Secondly, attention is paid to the inspiration of Slovak (Hungarian) law in the course of the recodification of inheritance law, which together with family law was one of the areas differing the most in the Czech lands and Slovakia, while receiving the most attention in the literature of the time and compared to other areas of civil law, which also influenced the further legal development the most significantly (Slovak law, the preparation of the Civil Code of 1950, the interwar curricula of 1931 and 1936/37, as well as the preparation of the Civil Code of 2012). In particular, the issues discussed in the so-called Slovak commissions (the Commission for the Civil Law established in Bratislava in 1922 and partly also the Commission under the Justice Commission for the Codification and Unification of Civil Law established in 1946), such as the acquisition of inheritance, incapacity to inherit (crime against the testator, the status of members of religious orders, adulterers and deserters), waiver of the right of inheritance, oral will, testamentary succession, protection of the surviving wife, extraordinary right of inheritance of legatees, determining the value of the gift by collation, transfer of the testator's debts, contract of inheritance, war will, annulment of last will and testament and protection of illegitimate children. The ABGB was chosen as the basis for the recodification, which was only to be modernised (mainly the codification of Austrian law, its applicability to the majority of the population of the new state and its familiarity with Slovak lawyers were the reasons given for the preference of Austrian law), however, the law in force in Slovakia and Carpathian Ruthenia was also to be taken into account. However, the reality was different, and the comments of the Slovak Commissions were only marginally taken into account. The dismissive attitude towards Slovak law and, indirectly, towards Slovak lawyers was also one of the reasons why only partial unification took place in the interwar era and the Civil Code was not adopted in the end. Comprehensive unification of private law, which followed the interwar recodification (albeit to a limited extend), only took place after the communist overturn within the framework of the so-called legal biennium from 1948 to 1950, which took real account of the Slovak legal situation. [ABSTRACT FROM AUTHOR]

Summary: On error of the testator in classical Roman law. – The paper discusses the different ways in which the classical Roman jurisprudence treated the testator's error , be it a mistake concerning the choice of words, be it a false estimation of facts misleading the testator's voluntas. In either case, the jurists may have treated the erroneous disposition as void or reformulated it according to the testator's intention. However, it is shown that – contrary to some voices in the literature – no general rules on dealing with errores can be recognised. Rather, the Roman jurists and emperors decided each case on its own without referring to an underlying principle. It is only in the late classical period that some tendencies of an abstract thinking regarding this topic can be discerned. [ABSTRACT FROM AUTHOR]

An introduction is presented in which the editor discusses articles in the issue on topics including wills, testamentary process, and inheritance.

In this article a synoptic evaluation is made in respect of the estate planning and wills of South African nationals working, investing or living in foreign jurisdictions, in the broader context of globalisation and internationalisation. Estate planners and testators may inadvertently leave family members in a financially vulnerable position or diminish family assets due to a non-appreciation of international private law. The importance of international wills, the role of testamentary trusts, and the potential impact and reciprocity of international instruments are considered. The most applicable Hague Conventions and the EU Succession and Matrimonial Property Regulations are discussed in an attempt to give an overview of the current legal position. In discussing the role of international private law, its practical application is illustrated by way of reference to a few jurisdictions popular among South Africans with multi-jurisdictional estates, namely Malta, Portugal, the Netherlands and the United Kingdom. Although there may be more popular emigration jurisdictions amongst South Africans, this contribution focusses on the South African who lives, works and plays in a European context, without necessarily cutting his or her ties with the homeland. Not all attempts to harmonise wills, deceased estates, succession and matrimonial property regimes have been met with the same levels of enthusiasm by the international community. Contributing hereto may be the fact that fiduciary law deals with sensitive and very personal aspects of individuals and is closely linked to the different worldviews of communities. It is argued that not only fiduciary advisers and will drafters, but also attorneys and notaries involved with prenuptial agreements, should be proficient in the workings and implications of the applicable international instruments. Lastly, an argument is made for more pragmatic and commercial style thinking in the arena of fiduciary law.

Copyright of Colloquia Germanica Stetinensia is the property of University of Szczecin Press / Wydawnictwo Naukowe Uniwersytetu Szczecinskiego and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article focuses on tax-free sales for aviation, providing updates on the list of domestically-based enterprises predominantly engaged in international air transport as of January 1, 2024. It replaces the previous list issued in December 2022, with additions and removals of companies noted. New entries include DigaJet Aviation GmbH, FLYELLOW GmbH and IAS Itzehoer Air-service GmbH.

Copyright of Römische Historische Mitteilungen is the property of Oesterreichische Akademie der Wissenschaften Verlag and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Legal English is well-known for its complexity which makes it incomprehensible for lay readers. The answer to the problem of legalese is the plain English movement, aiming at simplification of the language of documents. Despite the fact that the rules for clearer drafting have been extensively discussed, there are still no uniform standards, which is one of the factors that delay the pace of reform. Some types of documents, e.g. wills, are especially resistant to the reform. The aim of this paper is to present a comparative analysis of legalese and plain English on the example of one type of texts. The material comprises a set of 6 British wills: 3 written in traditional style and3 inplain English. The analysis takes into account both macrostructure and microstructure of wills, including design and layout, grammatical structures and lexicon. The analysis reveals that plain language wills are much more readable than their legalese counterparts, as they use better organization, more accessible grammatical structures, and less ambiguous and less archaic terminology. It is argued that it is worthwhile to work on the enhancement of the existing plain language strategies and solutions, so as to develop and popularize plain legal English.

The study is based on archival documents, accurately edited according to proper scientific criteria and in light of current literature. It comprises commentaries of the edited sources, including a brief historiographical and methodological introduction. The thread of the argument is provided by elements of the structure of the documents themselves. They are specifically analysed according to the perspectives of diplomatics, of the history of the testators' families, and of their social relationships and history of the political, religious, and charitable institutions of Bergamo in the XII century.Il contributo, solidamente fondato su documentazione d'archivio edita in maniera scientificamente corretta e aggiornata, si presenta sotto forma di schede, a commento dei documenti pubblicati, con una rapida introduzione generale di tipo storiografico e metodologico. Il filo conduttore è dato da alcuni elementi della struttura dei documenti stessi, analizzati soprattutto in chiave diplomatistica, e nella prospettiva della storia delle famiglie dei testatori, della loro rete di relazioni sociali, delle istituzioni religiose e caritative di Bergamo nel XII secolo.

When considering applications in terms of section 2(3) of the Wills Act 7 of 1953, one is confronted with the practical problem that a document may be accepted as a will in terms of section 2(3) but from the facts it may appear that the deceased may not have had the necessary testamentary capacity or free will to make a will. One option to approach this problem would be for the respondent in a section 2(3) application to bring a counter-application on the grounds of the deceased’s lack of capacity or his lack of free will. Another option would be to consider the deceased’s capacity before considering the section 2(3) requirements, but one cannot consider capacity before one has a valid will, and the court’s interpretation of section 2(3) in Bekker v Naudé 2003 5 SA 173 (CC) prevents this route. A third option would be for the court to mero motu consider the deceased’s capacity to make a will when faced with a section 2(3) application. This approach would be in accordance with public policy. If all of these approaches are unsatisfactory, the legislature should consider an amendment to the Act.

Il contributo, solidamente fondato su documentazione d'archivio edita in maniera scientificamente corretta e aggiornata, si presenta sotto forma di schede, a commento dei documenti pubblicati, con una rapida introduzione generale di tipo storiografico e metodologico. Il filo conduttore è dato da alcuni elementi della struttura dei documenti stessi, analizzati soprattutto in chiave diplomatistica, e nella prospettiva della storia delle famiglie dei testatori, della loro rete di relazioni sociali, delle istituzioni religiose e caritative di Bergamo nel XII secolo.

The article discusses orders and instructions in German civil law, particularly with regard to wills and inheritance law. The author emphasizes the importance of death in this context. She also addresses other themes, including mutual wills and contract to make wills, the need for testaments to comply with settled law, and the validity of testamentary instructions.

The article reports on a conference on the social history of the urban middle class in medieval and early modern Germany, held in Bonn, Germany, from September 24-25, 2012. Topics of discussion included the applicability of the sociological concept of lifeworlds to premodern and early modern societies, the biography of Rembold Scherfgin, a 14th-century patrician in Cologne, Germany, and the use of wills and testaments as sources for social history.

The article discusses the career and social connections of Austrian-born organ builder Johann Conrad Wörle in Rome, Italy, in the 18th century. The author seeks to ascertain Wörle's sense of national identity as a foreigner within Roman society. To that extent, he examines several aspects of Wörle's networks of friends, acquaintances, and associates, including his membership in German-language fraternities, his last will and testament, and his professional life as an organ builder. Several archival documents relating to Wörle are also presented in an appendix.

The article focuses on testament practices in late medieval Lüneberg, Germany, in the time frame 1406-1515 for what those documents and proceedings reveal about the institution of executor, the performance of the terms of the will, and microsocial structures and relations involving the household, family, and relatives in changing social times and social continuities. The impacts of social constellations on testamentary practice are traced, as is the reciprocal influence and social shaping influence of testaments, particularly through the workings of executors, acting in a kind of supra-legal capacity built on trust and cooperation, in the settlement of inheritance claims.

The article presents information about the life and work of 15th century German entrepreneur Heinrich Haich. Descriptions are given of the social, political, and economic conditions of residents in Cologne, Germany during the 15th century. The article discusses Haich's involvement in the wine-making industry in Cologne, which was purportedly one of Europe's leading trade areas at that time. Further comments are given regarding Haich's children and their marriages. The article describes the religious and social perspectives to be seen in Haich's will, which was instituted on July 4, 1452.

Copyright of Journal for Sociology of Education & Socialization / Zeitschrift für Soziologie der Erziehung & Sozialisation is the property of Julius Beltz GmbH & Co. KG Beltz Juventa and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article focuses on the phenomenon of patients in nursing homes and hospitals who name their caregivers as beneficiaries in their wills. A legal discussion on this subject is presented and various aspects including a conflict of interest or changes to the treatment of patients are addressed. The extent to which the nursing home can prevent such behavior is examined.