Partnership of citizens and metics: the will of Epicurus

1999 ◽  
Vol 49 (1) ◽  
pp. 161-166 ◽  
Author(s):  
M. Leiwo ◽  
P. Remes
Keyword(s):  
Real Property ◽  
The Real ◽  
The Will ◽  
The Law

The law of Athens prohibited any but full citizens from owning land or houses. Thus the law also impeded the bequeathing of real property to those who were not citizens. This law seemed to preclude those who were the real backbone of the trading and banking businesses from owning land and, therefore, from lending and borrowing by using it as a security.

The Law Of Property Act, 1925, S. 130 (2)

1936 ◽  
Vol 6 (1) ◽  
pp. 67-82
Author(s):  
S. J. Bailey
Keyword(s):  
Real Property ◽  
Personal Property ◽  
The Will ◽  
The Law

At the present day an entailed interest cannot arise in any kind of property unless an appropriate technical phrase (such as ‘in tail’ or ‘and the heirs of his body’) is used by the deed or will which seeks to create the entail. Prior to the Law of Property Act, 1925, entailed interests were impossible in personal property, but could be created in real property either by deed or by will. If created by deed, technical words of limitation were essential. In a will, however, technical phrases were unnecessary, provided that the will showed a sufficiently clear intention to confer an entailed interest upon the devisee.

scholarly journals Jeremy Bentham and the Real Property Commission of 1828

Utilitas ◽  
1992 ◽  
Vol 4 (2) ◽  
pp. 225-245 ◽  
Author(s):  
Mary Sokol
Keyword(s):  
Royal Commission ◽  
Jeremy Bentham ◽  
Real Property ◽  
England And Wales ◽  
The Real ◽  
Vast Amount ◽  
Major Revision ◽  
The Law

In February 1828 a Royal Commission was appointed to examine the law of Real Property of England and Wales. The Commission sat for four years and examined a vast amount of material, recommended certain changes in the law, and drafted several bills for consideration by parliament. Four massive reports were eventually presented to parliament in May 1829, June 1830, May 1832, and lastly in April 1833. As a result parliament enacted a limited number of piecemeal (although important) reforms, but did not attempt a major revision of the law.

Estates Tail Under the New Law

1925 ◽  
Vol 2 (2) ◽  
pp. 212-214
Author(s):  
C. P. Sanger
Keyword(s):  
Considerable Extent ◽  
The Body ◽  
Alternative Form ◽  
Real Property ◽  
Personal Property ◽  
The Family ◽  
Correct Form ◽  
The Will ◽  
The Law ◽  
The Mansion

The Law of Property Act, 1922, to a very considerable extent assimilates the law of real and personal property, except so far as their physical natures render this impossible or undesirable. But the assimilation is not carried out, as some reformers wished, by making the law of real property correspond to the law of goods. That would have been too great a change. It would have upset the well-recognised method of settling land by means of life estates followed by successive estates tail. The plan was therefore adopted of permitting personalty also to be entailed. This will save much trouble when, as often happens, it is desired to settle the family pictures or heirlooms to go with the mansion house. The trusts now used to achieve this are complicated and, as numerous cases show, sometimes fail to bring about the result desired. Now in a deed, an estate tail can be created in three ways: by a grant (1) to A. and the heirs of his body, (2) to A. in tail, or (3) to A. for life with remainder to the heirs of his body. (These estates can be limited to heirs male or heirs of a particular class, such as the heirs of the body of two named persons.) Of the three forms of words: (1) is the old and correct form based on the Statute De Donis, 13 Ed. I., c. 1, which says that the will of the donor should be observed; (2) is possible as an alternative form by virtue of Section 51 of the Conveyancing Act, 1881; (3) is curious; it is due to the Rule in Shelley's Case, that if land is limited in remainder to the heir or heirs of the body of a person to whom a preceding estate of freehold is given, the words “heirs” or “heirs of the body” are words of limitation.

Without the Power to Drink or Contract

2020 ◽  
Vol 24 (1) ◽  
pp. 26-48
Author(s):  
Warren Swain
Keyword(s):  
Alcohol Consumption ◽  
Social Activity ◽  
Individual Responsibility ◽  
Roman Law ◽  
Current Position ◽  
Modern Times ◽  
The Will ◽  
The Subject ◽  
The Law ◽  
Over Time

Intoxication as a ground to set aside a contract is not something that has proved to be easy for the law to regulate. This is perhaps not very surprising. Intoxication is a temporary condition of varying degrees of magnitude. Its presence does however raise questions of contractual autonomy and individual responsibility. Alcohol consumption is a common social activity and perceptions of intoxication and especially alcoholism have changed over time. Roman law is surprisingly quiet on the subject. In modern times the rules about intoxicated contracting in Scottish and English law is very similar. Rather more interestingly the law in these two jurisdictions has reached the current position in slightly different ways. This history can be traced through English Equity, the works of the Scottish Institutional writers, the rise of the Will Theory, and all leavened with a dose of judicial pragmatism.

Pembagian Harta Waris dalam Tradisi Masyarakat Muslim di Gorontalo

2019 ◽  
Vol 13 (2) ◽  
pp. 187-202
Author(s):  
Hamid Pongoliu
Keyword(s):  
Islamic Law ◽  
Sharia Law ◽  
The Will ◽  
The Law

Gorontalo has a customary principle derived from sharia law, and the sharia law is sourced from the Qur'an, hadith, ijmak and qiyas (adati-hula'a to syara'a, syara'a hula'a to Kitabi), which should reflect the existence of the implementation of the distribution of inheritance in Islam in the Gorontalo community. This customary principle can be a source of law if it is a rational act, not immorality, done always repeatedly, does not bring harm and does not conflict with the law of sharak. But in reality there is the implementation of inheritance that violates Islamic law, namely the distribution by way of deliberation, the determination of the amount of heirs equally, the delay in the distribution of inheritance, wills with houses given to girls, wills not to distribute inheritance, distribution of assets it depends on the will of the heir and the delay in the distribution of inheritance on the grounds that one of the parents is still alive. The distribution by deliberation and determination of the amount of the portion for each heir are equally acceptable as long as they follow the guidelines of the Compilation of Islamic Law article 183 and the concept of takharruj which was previously preceded by the Shari'a division. After the heirs know the size of the portion, then they may agree to share it in their own way or leave the inheritance according to Shari'a and agree to give to each other with other heirs.

New and not so new strategies in promoting integrity with particular reference to Africa

2018 ◽  
pp. 38-74
Author(s):  
Barry Rider
Keyword(s):  
World Economy ◽  
Intelligence Community ◽  
Generational Change ◽  
Post Colonial ◽  
Self Interest ◽  
The World ◽  
The Will ◽  
The Law ◽  
Financial Intelligence ◽  
New Strategies

This article is focused on exploration not merely proposed developments in and refinements of the law and its administration, but the very significant role that financial intelligence can and should play in protecting our societies. It is the contention of the author that the intelligence community at large and in particular financial intelligence units have an important role to play in protecting our economies and ensuring confidence is maintained in our financial institutions and markets. In this article the author considers a number of issues pertinent to the advancement of integrity and in particular the interdiction of corruption to some degree from the perspective of Africa. The potential for Africa as a player in the world economy is enormous. So far, the ambiguous inheritance of rapacious empires and the turmoil of self-dealing elites in post-colonial times has successfully obscured and undermined this potential. Indeed, such has been the mismanagement, selfishness and importuning that many have grave doubts as to the ability of many states to achieve an ordered transition to what they could and should be. South Africa is perhaps the best example of a society that while avoiding the catastrophe that its recent past predicted, remains racked by corruption and mismanagement. That there is the will in many parts of the continent to further stability and security by addressing the cancer of corruption, the reality is that few have remained or been allowed to remain steadfast in their mission and all have been frustrated by political self-interest and lack of resources. The key might be education and inter-generational change as it has been in other parts of the world, but only an optimist would see this coming any time soon – there is too much vested interest inside and outside Africa in keeping things much as they are! The author focuses not so much on attempting to perfect the letter of the law, but rather on improving the ways in which we administer it.

THE 2017 AMENDMENTS TO THE LAW REFORM (MARRIAGE AND DIVORCE) ACT 1976: A MILESTONE OR A STONE’S THROW IN THE DEVELOPMENT OF MALAYSIAN FAMILY LAW?

2020 ◽  
Vol 28 (2) ◽  
pp. 449-479
Author(s):  
Sridevi Thambapillay
Keyword(s):  
Child Custody ◽  
Family Law ◽  
Law Reform ◽  
The Real ◽  
The Past ◽  
Marriage And Divorce ◽  
Conversion To Islam ◽  
Family Issues ◽  
The Law ◽  
Muslim Family

The Law Reform (Marriage and Divorce) Act 1976 (LRA) which was passed in 1976 and came into force on 1st March 1982, standardized the laws concerning non-Muslim family matters. Many family issues concerning non-Muslim have emerged ever since, the most important being the effects of unilateral conversion to Islam by one of the parties to the marriage. There has been a lot of public hue and cry for amendments to be made to the LRA. After much deliberation, the Malaysian Parliament finally passed the amendments to the LRA in October 2017, which came into force in December 2018. Although the amendments have addressed selected family law issues, the most important amendment on child custody in a unilateral conversion to Islam was dropped from the Bill at the last minute. Howsoever, at the end of the day, the real question that needs to be addressed is whether the amendments have resolved the major issues that have arisen over the past four decades? Hence, the purpose of this article is as follows: first, to examine the brief background to the passing of the LRA, secondly, to analyse the 2017 amendments, thirdly, to identify the weaknesses that still exist in the LRA, and finally, to suggest recommendations to overcome these weaknesses by comparing the Malaysian position with the Singaporean position. In conclusion, it is submitted that despite the recent amendments to the LRA, much needs to be done to overcome all the remaining issues that have still not been addressed.

Reorganization of the Governmental Structure of Roumania

1931 ◽  
Vol 25 (3) ◽  
pp. 700-703
Author(s):  
Joseph S. Roucek
Keyword(s):  
Central Administration ◽  
World War ◽  
Liberal Party ◽  
Old Kingdom ◽  
The Balkans ◽  
History Of ◽  
The Will ◽  
The Law ◽  
Self Rule ◽  
The University

The law for the reorganization of central administration and the law on local administration (July 20, 1929) sponsored by the National Peasant government of Roumania have recently been put into effect. Both measures were drafted by Professors Negulescu, of the University of Bucharest, and Alexianu, of the University of Cernauţi. Their adoption comprises one of the most thorough governmental reforms in the history of the Balkans.The structure of the Roumanian government was, until very recently, almost completely copied from the French system. Roumania was a typical example of a unitary organization. The whole power of government was centralized in Bucharest. Practically all powers of local government were derived from the central authority, and were enlarged and contracted at the will of Bucharest. The whole system lent itself admirably to the domination of the National Liberal party, guided up to 1927 by Ion I. C. Brǎtianu, and after his death by his brother, Vintilǎ I. C. Brǎtianu, who died last year.Since the strength of the National Peasant party, which assumed the reins in 1928, lies largely in the provinces acquired at the close of the World War, a decentralization of government was to be expected. The bitter resentment of Maniu and his associates toward the over-centralization which favored the policies of the Bratianus forced the recent overhauling of the governmental structure, tending toward federalism—a form which takes cognizance of the differences of the past and present between the old kingdom and the new provinces and attempts to extend democratic features of self-rule to the electorate. At the same time, it attempts to secure bureaucratic expertness.

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