scholarly journals Testamentary Inheritance in Comparative Law. A comparative View of Testamentary Practices and Legal Frameworks in Italy and Latin America

2021 ◽  
Vol 28 (42) ◽  
pp. 124-141
Author(s):  
Andreea Buțureanu
Keyword(s):  
Latin America ◽  
Comparative Analysis ◽  
Comparative Law ◽  
Societal Change ◽  
Common Elements ◽  
Left Behind ◽  
The Family ◽  
Vulnerable People ◽  
The Common ◽  
Legal Frameworks

Abstract The practice of making wills is as diverse as it is old. While the legislation in some cultures favors certain principles, others emphasize distinct precepts, all of which are guided in the background by the different cultural views about family and the importance attributed to the surviving spouse. Since the practice of testamentary inheritance is based on the desire to provide care to those left behind by the testator, and not in a few cases, in the absence of a constant income that he used to provide, it is important to identify the logic after which each legislator decides who are vulnerable people and which part of the successoral mass should be attributed to them. In the context of societal change in which the family no longer has the same definitions, the present study conducts a comparative analysis of testamentary practices and legal frameworks in Italy and Latin America in an effort to identify both the common elements that define these two Latin geographical areas, as well as their particularities. This analysis is relevant to the established literature in the field of inheritances by capturing the characteristics of two legal systems that have not received the necessary academic attention.

scholarly journals Una aproximación al constitucionalismo latinoamericano, características principales y nuevas tendencias // An approach to the Latin-American constitutionalism, main characteristics, and new trends.

2017 ◽  
Vol 1 (100) ◽  
pp. 1239
Author(s):  
Carlos Hakansson
Keyword(s):  
Latin America ◽  
French Revolution ◽  
Latin American ◽  
Comparative Law ◽  
First Approximation ◽  
The Common ◽  
America Latina

Resumen:El presente trabajo es una primera aproximación a las diversas manifestacionesdel constitucionalismo en América Latina, a partir de algunas referencias comunes: Revolución Francesa, Derecho Comparado y alusiones a la modernidad. Summary:I. The common traits of the latin american constitutions. II. Content of the latin american constitutions. III. The degree of modernity of the latin american constitutions. IV. Constitutional trends. V. An approach to ibero-american presidential model. VI. Prospects for latin american constitutionalism.Abstract:The present paper is a first approximation on the diverse manifestations of the constitutionalism in Latin America, starting from some common references: French Revolution, Comparative Law, and allusions to modernity.

Material Liberty and the Administrative State

2020 ◽  
pp. 956-987
Author(s):  
Francesca Bignami
Keyword(s):  
Comparative Analysis ◽  
Future Development ◽  
Common Law ◽  
Comparative Law ◽  
Public Law ◽  
Individual Rights ◽  
Administrative State ◽  
Public Action ◽  
American Law ◽  
The Common

This chapter draws on three aspects of German public law to throw into sharp relief the absence of substantive protection for material rights in the American administrative state. It first briefly deals with two conceptual issues important for comparative analysis: the scope of public action covered by the concept of the administrative state, and the type of rights that come under the umbrella of material liberty. The chapter then presents the American public law on individual rights and the heavily procedural cast of those rights. This is followed by a presentation of the key elements of German public law that promote substantive fairness for material rights and that bring to light the particularities of American law. The chapter concludes by pointing to the implications for general comparative law theories of the common law tradition and for the possible future development of American law.

scholarly journals Familias, pobreza y desigualdad social en Latinoamérica: una mirada comparativa / Families, Poverty and Social Inequality in Latin America: A Comparative Analysis

2007 ◽  
Vol 22 (1) ◽  
pp. 9 ◽  
Author(s):  
Marina Ariza ◽  
Orlandina De Oliveira
Keyword(s):  
Latin America ◽  
Comparative Analysis ◽  
21St Century ◽  
Demographic Transition ◽  
Well Being ◽  
Household Surveys ◽  
Advanced Stage ◽  
Demographic Development ◽  
The Family ◽  
Advanced Stages

En este texto analizamos las repercusiones que pueden tener diferentes escenarios demográficos y económicos sobre el bienestar de las familias. Elegimos un conjunto de países que en los albores del siglo xxi muestran importantes diferencias en el grado de avance de la transición demográfica y los niveles de desarrollo socioeconómico. Con base en tabulaciones especiales de las encuestas de hogares elaboradas por Cepal, comparamos a Argentina y Uruguay que se encuentran en etapas más avanzadas de la primera transición demográfica; Brasil y México que atraviesan por una fase menos avanzada, y Honduras y Nicaragua que, por el contrario, se encuentran en un estadio más temprano de dicha transición. La comparación entre los rasgos familiares y socioeconómicos del conjunto de países seleccionados arroja distintos escenarios sociales que nos permitirán mostrar cómo el cruce entre las dimensiones sociodemográfica y socioeconómica incide diferencialmente sobre la organización del mundo familiar y las formas de convivencia. AbstractThis text analyzes the repercussions of different demographic and economic scenarios on families’ well-being. The authors chose a set of countries, which, at the beginning of the 21st century, show significant differences in the degree of progress of the demographic transition and levels of socio-demographic development. On the base of special tabulations of the household surveys compiled by Cepal, the authors compared Argentina and Uruguay, which are at more advanced stages of the first demographic transition; Brazil and Mexico, currently at a less advanced stage and Honduras and Nicaragua, which are at an earlier stage of this transition. A comparison of the family and socio-economic features of the set of countries chosen reveals different social scenarios enabling the authors to show how the intersection between socio-demographic and socio-economic dimensions has a different effect on the organization of the family sphere and forms of coexistence.

scholarly journals The U. S. – Taiwan and the U. S. – Poland Non-Confrontational Asymmetry: A Comparative Analysis

2016 ◽  
pp. 227-243
Author(s):  
Piotr Ostaszewski
Keyword(s):  
United States ◽  
Comparative Analysis ◽  
International Relations ◽  
East Asia ◽  
Eastern Europe ◽  
Comparative Studies ◽  
The United States ◽  
Common Elements ◽  
The Common ◽  
S Poland

The article concerns the comparison of two cases of non-confrontational asymmetry in international relations: between Taiwan and the United States and between Poland and the United States. The author explores the differences and the common elements of both situations. The outcome provides a background for comparative studies concerning not only the international situation of Taipei and Warsaw, but also an introduction to comparative approaches concerning political developments in Eastern Europe and East Asia.

The Newe Littleton

1974 ◽  
Vol 33 (1) ◽  
pp. 145-155 ◽  
Author(s):  
J. H. Baker
Keyword(s):  
Legal History ◽  
Left Behind ◽  
Legal Literature ◽  
House Of Lords ◽  
The Family ◽  
Christ Church ◽  
History Of ◽  
The Will ◽  
The Common ◽  
John Selden

No account of the history of English legal literature can omit the name of Littleton. Sir Thomas Littleton's treatise on tenures made the family name almost synonymous with the common law itself. But it is not generally known that another member of that illustrious family left unfinished a work which, had it been completed and published, would have earned him a position of importance in the history, not only of English, but of universal jurisprudence. In so far as the will ought to be taken for the deed, perhaps some measure of recognition may justifiably be afforded to his work even after three centuries of oblivion. The author was Edward Littleton (1589–1645), Baron Littleton of Munslow, a direct descendant of Sir Thomas. Educated at Christ Church College, Oxford, he entered the Inner Temple in 1608; and there, like his near-contemporary John Selden (1584–1654), he developed a taste for comparative jurisprudence, legal history, and the study of records. His reputation for learning brought him in 1640 to the seat of Chief Justice of the Common Pleas, and within a year he was made Lord Keeper. The transition to high office was a personal disaster, since Littleton's nature did not suit him for a position of political delicacy, and his brief tenure of the Seal was scarcely less miserable than that of his predecessor Finch—who had fled to Holland in 1640. Among Littleton's first tasks was to preside over the preliminaries to the proposed impeachments of Finch and the ship-money judges, and the lengthy preparations for the trial of Strafford. Within months he became ill, and from February until August 1641 he absented himself from the House of Lords. The following year, either from fear or high-mindedness, he quit London, following the King to York and thence to Oxford. In his hurried flight he apparently left behind some of his goods and papers in the “Black Lodgings” in the Inner Temple. His health continued to deteriorate, and he died (aged 56) on 27 August 1645.

Comparative Law and the Study of Mixed Legal Systems

2006 ◽  
pp. 476-512 ◽  
Author(s):  
Jacques Du Plessis
Keyword(s):  
Comparative Analysis ◽  
Common Law ◽  
Civil Law ◽  
Comparative Law ◽  
Legal Systems ◽  
Legal Development ◽  
European Context ◽  
The Common

Legal systems generally are ‘mixed’ in the sense that they have been influenced by a variety of other systems. However, this label traditionally is only attached to those systems which represent a mix between the common law and the civilian tradition. This article focuses on what studies of mixed legal systems reveal about the broader comparative themes of the classification of legal systems, whether and how borrowing can take place, the quality of the law to which borrowing gives rise, the connection between civil law and the common law in the European context, and the role which language can play in comparative analysis and legal development.

scholarly journals Austria and Ukraine Comparative Study of E-Justice: Towards Confidence of Judicial Rights Protection

2019 ◽  
Vol 2 (5) ◽  
pp. 42-59
Keyword(s):  
Comparative Analysis ◽  
Comparative Study ◽  
Current Situation ◽  
Common Elements ◽  
Electronic Evidence ◽  
Rights Protection ◽  
Potential Risks ◽  
Civil Proceeding ◽  
The Common ◽  
And Task

The article is devoted to the comparative analysis of e-justice in Ukraine and Austria, in particular, the authors describe the current situation, strategy of e-justice development in Ukraine and Austria, as well as the potential risks, problems and benefits of introducing e-justice in Ukraine. The link between the goals and task of civil proceeding with e-justice was succinctly shown in this article. Also, the common elements of e-justice in Ukraine and Austria were highlighted, among them the following three elements were analysed in depth: an appeal to court with different documents, electronic evidence and consideration of the case in electronic form. Based on the comparative analysis, conclusions about what is common and different in e-justice in Ukraine and Austria and the value Ukraine should take from the experience of e-justice in Austria were drawn.

COMPARATIVE ANALYSIS OF MORPHOLOGICAL-ANATOMICAL FEATURES OF THE LEAVES STRUCTURE OF REPRESENTATIVES OF THE FAMILY LAURACEAE

Fitoterapia ◽  
2019 ◽  
Vol 4 (4) ◽  
pp. 46-50
Author(s):  
I. Yu. Posochova ◽  
◽  
O. P. Khvorost ◽  
Yu. A. Fedchenkova ◽  
◽  
...  
Keyword(s):  
Comparative Analysis ◽  
Anatomical Features ◽  
The Family

A comparative analysis of financial awareness of the Northwestern Federal District population

2020 ◽  
Vol 18 (3) ◽  
pp. 474-491
Author(s):  
G.V. Belekhova
Keyword(s):  
Comparative Analysis ◽  
Financial Literacy ◽  
Federal District ◽  
Population Based ◽  
District Population ◽  
The Family ◽  
The Russian Federation ◽  
Ministry Of Finance ◽  
Financial Awareness ◽  
Competence System

Subject This article deals with the issues of determining the level of financial literacy, identifying problems, and comparing the financial literacy rates of the population of different areas. Objectives The article aims to identify territorial differences in the overall level of financial literacy of the population of the Northwestern Federal District regions and study the prevalence of problems related to the family budget, using financial products, and risk. Methods For the study, we used a sociological survey and an original methodology for indexing the level of financial literacy of the population based on the methodology of the Organization for Economic Cooperation and Development, taking into account the adults' financial competence system proposed by the Ministry of Finance of the Russian Federation. Results The article determines the level of financial literacy of the Northwestern Federal District population and identifies similar problems for the District's regions. Conclusions A comparative analysis of the components of financial literacy of the four regions reveals the strengths and weaknesses of each of them. This will help adjust financial literacy programmes being implemented in some regions and developed in others.

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