Artigos de revistas: "Disinheritamce"

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du Toit, François, Matthew Harding e Andreas Humm. "King NNO V De Jager 2021 4 SA 1 (CC): Three Perspectives". Stellenbosch Law Review 2022, n.º 3 (2022): 501–28. http://dx.doi.org/10.47348/slr/2022/i3a8.

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In the King case, the South African Constitutional Court adjudicated on a gender-based disinheritance under a testamentary fideicommissum. The court, in three judgments, found that the disinheritance violated public policy and was, moreover, unconstitutional and thus invalid. King was the Constitutional Court’s first pronouncement on a gender-based disinheritance in a purely private bequest. It therefore stands in contrast to earlier High Court and Supreme Court of Appeal judgments regarding the exclusion of potential beneficiaries under testamentary charitable bequests. This contribution provides three perspectives by commentators from three jurisdictions on the Constitutional Court’s judgment in King. The first perspective argues against an objection that can be raised against a judgment such as King, namely that it constitutes an unjustified judicial violation of personal autonomy, freedom of disposition and private property in the law of gifts and trusts. The first perspective posits that discriminatory goals such as those pursued through explicit gender-exclusive disinheritances are inherently worthless and the judicial invalidation of such disinheritances therefore have a negligible impact on personal autonomy, freedom of disposition and private property. The second perspective cautions against the Constitutional Court’s express rejection of the public/private divide in the law of gifts and trusts. It argues that the divide plays an important role in striking a balance between personal autonomy, freedom of disposition and private property on the one hand, and policy as well as constitutional imperatives regarding equality and non-discrimination on the other hand. The second perspective thus advocates that the public/private divide must be retained in the law of gifts and trusts. The third perspective evaluates the King case from a German viewpoint and argues that the Constitutional Court’s reasoning in this case undervalued freedom of testation. The third perspective advances a solution that strives to balance the arguments that underpin the first and second perspectives.

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Kahlon, Neena Rosey, e Ravi Inder Kaur. "Disinheritance of Daughters: Saving Tradition or Rejecting Modernity". Asian Review of Social Sciences 8, n.º 2 (5 de maio de 2019): 82–85. http://dx.doi.org/10.51983/arss-2019.8.2.1584.

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Disinheritances of daughters from ancestral property is a well-established social fact as strong as the recognition of their legal right to inheritance; constitutionally and legally. Law, seen as potent tool for social change, attempt to provide equal and dignified claim to daughters Vis a Vis sons, but law does not operate in vacuum. The socio-cultural space regulates it functioning and nature and extent of delivery. However the explicit as well as implicit performance of Hindu Succession Act 1956 (as amended in 2005) within the Indian social space questions the underlining patriarchal structures of Indian society in particular and the larger goal of women emancipation in general. To this end, disinheritance of daughters at once disclose the intricately enmeshed issues of law, society and gender rights to fore front. The present paper is theoretical and attempts to conceptualize the larger issue of disinheritance of daughters within the contrast of tradition and modernity. The paper revolves around how socially non-invocation of inheritance rights confirms to traditional social structure while claiming these rights seems to be a modern phenomenon. The analysis revealed that the process of social change in India has been dominantly gendered and legally backed gender rights have few takers socially. Gendered Socialization, stigmas attached to independence of women and above all the overarching illusion of saving tradition and rejecting modernity emerges out to be the root causes for disinheritance of daughters from ancestral property.

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Talanda, Adam, e Iveta Talandová. "A Brief Insight into Disinheritance". International and Comparative Law Review 16, n.º 1 (1 de junho de 2016): 153–60. http://dx.doi.org/10.1515/iclr-2016-0011.

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Summary The article briefly introduces current regulation of disinheritance in the Czech Civil Code. Firstly it deals with the notion and purpose of disinheritance, and consequently it describes reasons for disinheritance and ways of disinheritance, highlighting some interpretation difficulties in this field. .

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Moskal, Anna. "Czy przebaczenie niweczy skutki uprzedniego wydziedziczenia?" Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne 21 (4 de outubro de 2017): 143–53. http://dx.doi.org/10.19195/1733-5779.21.10.

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Does forgiveness nullify the effects of previous disinheritance? The legal nature of forgiveness is the subject of passionate debates among the representatives of civil law doctrine. According to the dominant position in the literature, forgiveness is an act of affection or its manifested expression of forgiveness of the perpetrator of experienced injustice and related to this grudge. This institution has been applied three times in the Civil Code — once with the donation agreement, twice in regulations of inheritance law. Article 1010 § 1 provides that a testator cannot disinherit eligible for legal portion if he forgave him. The wording of the above article indicates that accomplishment of disinheritance in case if testator eligible for legal portion has previously forgiven. The legislator did not, however, determine the effects of forgiveness in relation to previous disinheritance. In the act of 1971, the Supreme Court accepted that such forgiveness would automatically nullify the effects of disinheritance, and could be made in any form. In recent years, lower courts have begun to question the Supreme Court's position, and judges increasingly refer to the critical statements of numerous doctrines. As it was rightly stated, admitting the possibility of invoking the forgiveness made after disinheritance poses a serious threat to the realization of the testator’s will, who, by forgiving, does not necessarily want to revoke the effects of his previous disinheritance. The postulate of de lege ferenda is, according to the author of the article, giving of freedom of judging the effects of forgiveness to the courts and each examination of the forgiving testator’s will on the possible abatement of the consequences of previous disinheritance.]]>

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Kursa, Sławomir Patrycjusz. "Powody wydziedziczenia ascendentów według Noweli 115 cesarza Justyniana". Czasopismo Prawno-Historyczne 61, n.º 1 (30 de junho de 2009): 17–46. http://dx.doi.org/10.14746/cph.2009.1.2.

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The reform of inheritance law proposed by Emperor Justinian in his 115th Novel from 542 AD extended on the issue of disinheritance of both, the descendants and ascendants, of the testator. Justinian believed that the general exheredationis motive in respect of ascendants was similar to that which provoked disinheritance of descendants, i.e. that the disinheritance of either was caused by their ingratitude to the testator. However, he also noticed that a harmful behaviour of ascendants towards descendants or their negligence to exercise a duty of care arising from officium pietatis might also be a sufficient reason for disinheritance. The catalogues of reasons for disinheritance of descendants and ascendants vary in size and range. Grounds on which the former could be disinherited are listed in the 115th Novel and cover 14 fair reasons for that. The catalogue of reasons for the disinheritance of the latter, which is subject of this paper, is presented in chapter four. It identifies only eight reasons that justify disinheritance of the ascendants. They are as follows: 1. if the ascendants have delivered their descendants up to death; 2. have attempted to deprive them of life; 3. where a father has had a sexual relation with his son's wife or concubine; 4. where the ascendants have prevented their children from disposing, by will, of property which they had a right to bequeath; 5. where one has attempted to kill the spouse; 6. if they have neglected to care for an insane descendant; 7. have failed to ransom their captured descendants; 8. where a descendant belonged to the orthodox faith and the parent or parents did not acknowledge its doctrines.

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Nayak, Meghana. "The Politics of Disinheritance". WSQ: Women's Studies Quarterly 48, n.º 1-2 (2020): 236–53. http://dx.doi.org/10.1353/wsq.2020.0024.

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Löwy, Alexandra, e Karin Rakova. "Substantive and procedural aspects of disinheritance under the Slovak law". Zbornik radova Pravnog fakulteta, Novi Sad 58, n.º 1 (2024): 289–306. http://dx.doi.org/10.5937/zrpfns58-49429.

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The subject of this paper is to provide with the analysis of the substantial and procedural aspects of disinheritance under the Slovak law, based on the revision of the Slovak Civil Code and certain selected court decisions. The paper also analyses the procedural aspects of disinheritance disputes, which mostly results in the proceedings before the court and emphasises the different approach of the courts in assessing the various grounds for extradition.

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YAMADA, Masamichi. "Disinheritance in the Emar Texts". Bulletin of the Society for Near Eastern Studies in Japan 51, n.º 1 (2008): 181–97. http://dx.doi.org/10.5356/jorient.51.181.

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Robinson, Leah E. "Practical Theology in Scotland: Embracing Disinheritance". Practical Theology 10, n.º 3 (3 de julho de 2017): 221–35. http://dx.doi.org/10.1080/1756073x.2017.1357326.

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SURIANO. "Death, Disinheritance, and Job's Kinsman-Redeemer". Journal of Biblical Literature 129, n.º 1 (2010): 49. http://dx.doi.org/10.2307/27821004.

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Knight, Daniel M. "The desire for disinheritance in austerity Greece". Focaal 2018, n.º 80 (1 de março de 2018): 30–42. http://dx.doi.org/10.3167/fcl.2018.800103.

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Associated with notions of family continuity, lineage, national belonging, and cultural roots, in Greece property inheritance was once highly desired. Yet, in recent years, there has been a rising trend of people wanting to be disinherited because of the economic burden of new taxes introduced as part of the international austerity program and the need to focus all resources on the short-term future of the immediate family. The desire for disinheritance amounts to a longing for disconnectedness, for exiting not only political structures but also kinship structures that have been historically closely linked with a Greek sense of self as particular political subjects. A focus on inheritance demonstrates how the political can be located in the mundane and the everyday.

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Haberko, Joanna. "The admissibility of disinheritance and testamentary freedom". Pravovedenie 65, n.º 1 (2021): 123–35. http://dx.doi.org/10.21638/spbu25.2021.107.

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The article highlights the principles of inheritance law in the Polish legal system. Specific emphasis is placed on testamentary freedom, appointment to inheritance only on the grounds of two titles and a limited number of statutory heirs. The author analyzes the consequences that the drawing up of a will may have for the persons closest to the testator. The subject of the considerations is both the nature of a legal act which is a will, the requirement of the form of wills and the admissibility of testamentary dispositions. Attention is paid to the admissibility of disinheritance and its effects. The text aims to answer the question whether depriving descendants, spouses and parents of the legitimate portion extends or restricts the testamentary freedom. The adopted legislative structure assumes that everyone who has the testamentary capacity, full legal capacity, may draw up a will. The act does not limit in any manner who can be appointed as the testamentary heir or the extent of such appointment. The testator is free to decide whether and when a will is to be drawn up. It is an expression of the principle of testamentary freedom. Anyone who has full capacity to act lawfully may exercise this freedom to make a will or not. However, if a person exercises this freedom, the scope and form of dispositions made depend solely on this person. Testamentary freedom is expressed in certain ways. Firstly, by making a will, a testator may change the statutory inheritance, appoint whomever they want and are not limited in terms of shares. Secondly, a testator may exclude certain persons from inheritance. The negative will and disinheritance serve this purpose.

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Nikolopoulou, Kalliopi. "Deserting Achilles reflections on intimacy and disinheritance". European Journal of English Studies 9, n.º 3 (dezembro de 2005): 229–50. http://dx.doi.org/10.1080/13825570500363484.

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Yoo, Somi. "Inheritance Disqualification and Punitive Disinheritance in Switzerland". Korean Society Of Family Law 38, n.º 1 (30 de março de 2024): 1–26. http://dx.doi.org/10.31998/ksfl.2024.38.1.1.

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Inheritance disqualification refers to the loss of the right to inherit the estate of a deceased person due to the occurrence of certain statutory reasons defined by law. This system of inheritance disqualification is recognized not only in our country but also in many other nations as an important legal principle in inheritance law. In countries that recognize punitive disinheritance, heirs may be prevented from inheriting based on specific statutory reasons, regardless of the intentions of the deceased, thereby establishing a system of inheritance disqualification or punitive disinheritance. A person is unworthy of inheriting or acquiring anything by a testamentary disposition if: 1. he or she wilfully and unlawfully caused or attempted to cause the death of the person now deceased; 2. he or she wilfully and unlawfully rendered the person now deceased permanently incapable of making a testamentary disposition; 3. by malice, coercion or threat he or she induced the person now deceased to make or revoke a testamentary disposition or prevented him or her from doing so; 4. he or she wilfully and unlawfully eliminated or invalidated a testamentary disposition in such a manner as to prevent the person now deceased from drawing up a new one. However, Unworthiness to inherit does not apply if the person now deceased has forgiven the person concerned. Punitive disinheritance allows for the deprivation of an heir’s inheritance rights based on certain statutory reasons, enabling the exclusion of the heir from inheritance according to the intentions of the deceased. This differs from inheritance disqualification, where certain statutory reasons deprive the heir of inheritance rights regardless of the heir’s intentions. Punitive disinheritance permits the deprivation of an heir’s inheritance if they act contrary to the purpose and rationale of the inheritance rights. The testator has the power to deprive an heir of his or her statutory entitlement by means of a testamentary disposition: 1. if the heir has committed a serious crime against the testator or a person close to him or her; 2. if the heir has seriously breached his or her duties under family law towards the testator or the latter’s dependants.

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Landzelius, Michael. "Commemorative Dis(re)membering: Erasing Heritage, Spatializing Disinheritance". Environment and Planning D: Society and Space 21, n.º 2 (abril de 2003): 195–221. http://dx.doi.org/10.1068/d286t.

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In this paper I develop an idea of commemorative ‘dis(re)membering’ as a tool for a critical, nonessentialist reconfiguration of memorial landscapes, heritage discourse, and dominant official narratives of the past. The notion of commemorative dis(re)membering is not limited to any one particular case but is a general approach which fundamentally questions taken-for-granted assumptions about memorialization as a social process. The empirical focus of the paper is on Swedish labor-company camps established by the military in the late 1930s. I present a historical background to the camps, and proceed to consider the discourse that framed and enabled the creation of them. In reference to Continental European social theory and philosophy, I address the position of the camps in relation to the constitution of the law and the social imaginary. I proceed to situate the argument in the context of recent attempts to address forms of ‘dissonant heritage’ and pave the ground for a critique of heritage logocentrism. This critique is then advanced through an elaboration of dis(re)membering in relation to overarching issues of democracy, subjectivity, identity, citizenship, and the role of the past in the present. Finally, I propose a permanent replacement of the imaginary lineage of heritage with a ‘rhizome history’ of ‘disinheritance‘. In suggesting the erasure of heritage, I propose that objects of the past should be mobilized as disinheritance assemblages for critical and subversive purposes in order to make the past implode into the present and across spatial scales in ways that unsettle fundamental social imaginary significations.

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Itua, Paul. "Disinheritance of Women Under Esan Customary law in Nigeria: The Need for a Paradigm Shift Towards Gender Equality." Advances in Social Sciences Research Journal 8, n.º 2 (6 de março de 2021): 668–723. http://dx.doi.org/10.14738/assrj.82.9788.

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Legal scholars, and activist in recent times had continued to advocate for equal rights of children irrespective of their gender on issues of succession or inheritance rights. The problem with gender-based discrimination are more palpable when a deceased die intestate and the principles of native law and custom regulating succession to the deceased intestate estate are fully activated. Most often, statistics have shown that female gender are discriminated against in most of the communities in Nigeria. Female children suffer the same fate under Esan customary law, because of the application of the rule of primogeniture that regulate inheritance and succession. Widows’ also are not excluded from discriminatory practises. This article seeks to examine critically the disinheritance of women either as daughters or as a widow under Esan customary law and advocate for a paradigm shift to bring its application in tandem with the Constitution. KEYWORD. Succession under Esan Customary Law, the Rule of Primogeniture and disinheritance of women.

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Conor, Liz. "The ‘Piccaninny’: racialized childhood, disinheritance, acquisition and child beauty". Postcolonial Studies 15, n.º 1 (março de 2012): 45–68. http://dx.doi.org/10.1080/13688790.2012.658742.

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Tebbe, Nelson. "Inheritance and Disinheritance: African Customary Law and Constitutional Rights". Journal of Religion 88, n.º 4 (outubro de 2008): 466–96. http://dx.doi.org/10.1086/589947.

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Hyun, So Hye. "A Review of the Disinheritance Bill from the Legislative Perspective". Korean Society Of Family Law 35, n.º 3 (30 de novembro de 2021): 1–46. http://dx.doi.org/10.31998/ksfl.2021.35.3.1.

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Nemeth, Kristin, e Gregor Christandl. "Austrian Succession Law Rewritten: A Comparative Analysis". European Review of Private Law 28, Issue 1 (1 de março de 2020): 149–72. http://dx.doi.org/10.54648/erpl2020007.

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This article outlines and assesses the most important features of the recent reform of Austrian succession law from a comparative perspective and analyses the changes in the light of the law of other European legal systems. It thereby highlights common trends and diverging developments and focuses on intestate succession, wills, the law of reserved shares, unworthiness to inherit and disinheritance as well as the newly introduced succession rights for cohabitants and the new statutory legacy for care provided to the deceased.

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Park, Linette. "Whence Disinheritance Holds: On Ida B. Wells and America’s “Unwritten Law”". Souls 22, n.º 1 (2 de janeiro de 2020): 11–23. http://dx.doi.org/10.1080/10999949.2019.1712128.

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Smail, Daniel Lord. "Predestination and the Ethos of Disinheritance in Sixteenth-Century Calvinist Theater". Sixteenth Century Journal 23, n.º 2 (1992): 303. http://dx.doi.org/10.2307/2541892.

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David Kelman. "The Theme of the Traitor: Disinheritance in Ricardo Piglia’s Artificial Respiration". CR: The New Centennial Review 7, n.º 3 (2008): 239–62. http://dx.doi.org/10.1353/ncr.0.0007.

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Park, Keun-Woong. "Amendments to the Korean Civil Code on Disinheritance established by the Ministry of Justice". Korean Society Of Family Law 37, n.º 3 (30 de novembro de 2023): 61–100. http://dx.doi.org/10.31998/ksfl.2023.37.3.61.

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Is it fair for parents who did not raise their children to inherit property after their children’s death? In response to this question, the Ministry of Justice of Korea submitted a civil law amendment bill to the National Assembly that introduces a system of disinheritance. This article introduces and reviews such civil law amendments. The main conclusions are as follows: First, in terms of legal stability, it is not appropriate to include violation of duty to support as a reason for disqualification from inheritance. It is also not appropriate for inheritance disqualification to be treated as a preliminary issue in civil litigation. However, termination of parental rights can be recognized as a reason for disqualification from inheritance. Second, when depriving an heir of his inheritance rights, it is desirable to have it go through a court trial. If it is allowed to unilaterally deprive the heir of the inheritance right by the will of the heir, there is a risk that the decedent will arbitrarily deprive the heir of the inheritance right. Third, If the deceased did not express his/her intention to deprive the heir of his/her inheritance rights during his/her lifetime, such heir should not be deprived of the right to inheritance even if the reasons for loss of the right to inheritance are met. If the level of disqualification from inheritance has not been reached, the will of the deceased is necessary to justify the result of Disinheritance.

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Counter, Andrew. "Give and Take: Marriage and Disinheritance in Nineteenth-Century French Women's Writing". Dix-Neuf 11, n.º 1 (novembro de 2008): 76–89. http://dx.doi.org/10.1179/1478731790872600.

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Amayuelas, Esther Arroyo, e Esther Farnós Amorós. "Kinship Bonds and Emotional Ties: Lack of a Family Relationship as Ground for Disinheritance". European Review of Private Law 24, Issue 2 (1 de abril de 2016): 203–22. http://dx.doi.org/10.54648/erpl2016014.

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Abstract: A topical issue in the context of the general debate about the need to retain or abolish forced share in Spain is the question of whether to broaden the range of grounds for excluding a forced heir from his or her share of the estate. There is particular debate surrounding the appropriateness of adding estrangement or the lack of a family relationship to the list of grounds, with the aim of increasing testamentary freedom. Some countries have a tendency to allow ties of affection to prevail over purely family or kinship ties in this matter, but sometimes at the cost of legal certainty and – since such a vague ground is not necessarily more respectful with freedom of testation – despite the risk that the courts may not always achieve the justice sought by a testator who wishes to disinherit a forced heir that shows no affection for her. This paper considers the different approaches to this topic between different legal systems. The Catalan and the German ones just represent extreme examples of radical different tendencies. In Spain, recent case law has provided new arguments for thinking about what the law says, how the courts interpret, and, finally, what the society expects. Resumée: Faut-il étendre les causes qui permettent d’exclure un héritier réservataire de sa part dans le patrimoine? Telle est une des questions brûlantes qui agitent le débat sur le maintien ou l’abolition de la réserve héréditaire en Espagne. Le débat porte en particulier sur le point de savoir s’il est opportun d’ajouter aux causes d’exclusion, la séparation ou l’absence de relations familiales, dans le but d’accroitre la liberté testamentaire. Certains pays ont tendance à faire prévaloir les liens affectifs sur les liens de famille ou de parenté, parfois au détriment de la sécurité juridique. Le caractère vague d’un tel motif ne respecte pas nécessairement la liberté de tester, parce qu’il n’est pas sûr que les tribunaux y parviendraient à l’objectif de justice recherché par le testateur qui souhaite déshériter un héritier réservataire lorsqu’il ne montre pas de proximité affective avec lui. Cet article met en évidence les différentes approches de cette question par différents systèmes juridiques. Le système catalan et le système allemand donnent par exemple des réponses radicalement différentes. En Espagne, la jurisprudence récente a fourni de nouveaux arguments pour réfléchir à ce que dit la loi, ce que les tribunaux donnent comme interprétation et, enfin, ce que la société attend.

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Klorman, Bat-Zion Eraqi. "WOMEN RESISTING MEN: INHERITANCE AND DISINHERITANCE IN THE YEMENITE JEWISH COMMUNITY IN MANDATORY PALESTINE". Nashim: A Journal of Jewish Women's Studies & Gender Issues 11 (abril de 2006): 126–41. http://dx.doi.org/10.2979/nas.2006.-.11.126.

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Feldman, Steven P. "The disinheritance of management ethics: rational individualism in Barnard’s The Functions of the Executive". Journal of Management History (Archive) 2, n.º 4 (dezembro de 1996): 34–47. http://dx.doi.org/10.1108/13552529610153750.

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Klorman, Bat-Zion Eraqi. "Women Resisting Men: Inheritance and Disinheritance in the Yemenite Jewish Community in Mandatory Palestine". Nashim: A Journal of Jewish Women's Studies & Gender Issues 11, n.º 1 (2006): 126–41. http://dx.doi.org/10.1353/nsh.2006.0008.

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Bateson, Mark, e Jeffrey Denton. "Usury and Comital Disinheritance. The Case of Ferrers versus Lancaster, St Paul's, London 1301". Journal of Ecclesiastical History 43, n.º 1 (janeiro de 1992): 60–96. http://dx.doi.org/10.1017/s0022046900009660.

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Kelly, Daniel. "Toward Economic Analysis of the Uniform Probate Code". University of Michigan Journal of Law Reform, n.º 45.4 (2012): 855. http://dx.doi.org/10.36646/mjlr.45.4.toward.

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Insights from economics and the economic analysis of law may be useful in analyzing succession law, including intestacy and wills as well as nonprobate transfers such as trusts. After surveying prior works that have examined succession from a functional perspective, I explore the possibility of utilizing tools like (i) transaction costs, (ii) the ex ante/ex post distinction, and (iii) rules versus standards, to illuminate the design of the Uniform Probate Code. Specifically, I investigate how these tools, which legal scholars have employed widely in other contexts, may be relevant in understanding events like the nonprobate revolution and issues like "dead hand" control; analyzing UPC provisions pertaining to the harmless error rule, reformation, and ademption by extinction; and evaluating law reforms such as proposals to abolish attestation or prevent the disinheritance of children.

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Powers, David. "The Art of the Judicial Opinion: On Tawlīj in Fifteenth-Century Tunis". Islamic Law and Society 5, n.º 3 (1998): 359–81. http://dx.doi.org/10.1163/1568519981570285.

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AbstractIn an effort to circumvent the constraints of Islamic inheritance law, a Muslim proprietor may attempt to shift assets to his or her desired heir/s by means of an inter vivos transaction, e.g., a gift, acknowledgement of a debt, sale, or creation of a family endowment. In the present essay, I analyze a case that occurred in fifteenth-century Tunis in which a father, taking advantage of his role as the guardian of his minor children, engages in a series of financial transactions that appear to have as their goal the disinheritance of certain other children. The differing responses to this case by two Mālikī jurists provides an opportunity to explore the relationship between the choice of a judicial style and the direction of a judicial outcome.

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Ryzhenkov, Anatoly J. "On the doctrinal principles of family law (The case study of the principle of responsibility for violation of family law norms)". Izvestiya of Saratov University. New Series. Series Economics. Management. Law 21, n.º 2 (25 de maio de 2021): 169–77. http://dx.doi.org/10.18500/1994-2540-2021-21-2-169-177.

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Introduction. The article proposes supplementing the system of principles of family law with a new doctrinal principle – the principle of responsibility for violations of family law. Theoretical analysis. The article explores scientific ideas about the system of principles of family law, the features of family legal responsibility, the relationship of protection measures and liability measures in family law. Result. The article concludes that only the sanctions of the moral nature should be attributed to the family-legal sanctions. Property sanctions (compensation for non-pecuniary damage, disinheritance, recovery of losses) are of a civil nature, although they reflect the specifics of family relations. In addition to specific sanctions, the essence of family law liability lies in the special composition of the subjects of these sanctions, as well as the special procedures under which they are subject to application.

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Lam, Joseph. "Psalm 2 and the Disinheritance of Earthly Rulers: New Light from the Ugaritic Legal Text RS 94.2168". Vetus Testamentum 64, n.º 1 (20 de janeiro de 2014): 34–46. http://dx.doi.org/10.1163/15685330-12341137.

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Abstract This paper offers a fresh reading of Psalm 2 with special attention to the presence of legal motifs in the poem, including that of inheritance rights as a metaphor for YHWH’s delegation of earthly authority. A new impetus for such a reading comes from the recently published Ugaritic legal text RS 94.2168, which provides the first attestation in Ugaritic of a transitive verb BHL denoting the exclusion of a biological heir from the inheritance of his father’s estate. In light of this technical usage, it will be proposed that the Piel form יְבַהֲלֵמוֹ in Psa 2:5 is best understood, not as an act of terrifying the rulers of the earth, but as YHWH’s (metaphorical) disinheritance of them, a declaration that is naturally followed by the designation of his anointed one as the exclusive heir of the nations (2:8).

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Wang, Geya. "Institutional Improvement and Judicial Application of the Civil Code — Succession Book". Legal Science in China and Russia, n.º 5 (26 de outubro de 2023): 37–45. http://dx.doi.org/10.17803/2587-9723.2022.5.037-045.

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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.

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Kassanoff, Jennie A. "Extinction, Taxidermy, Tableaux Vivants: Staging Race and Class in The House of Mirth". PMLA/Publications of the Modern Language Association of America 115, n.º 1 (janeiro de 2000): 60–74. http://dx.doi.org/10.2307/463231.

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Edith Wharton's 1905 novel The House of Mirth documents a twenty-nine-year-old debutante's disinheritance—from money, family, power, love, and social position. On a more profound level, however, the novel pursues the opposite end. Although Lily Bart is plainly vulnerable to the whims of what Charlotte Perkins Gilman called the “sexuo-economic relation,” she is nonetheless dramatically resistant to the attritional ravages of racial disintegration. This paper argues that race in The House of Mirth is an essentialist—if deeply problematic—answer to the cultural slippages of class and gender. By locating the novel within the diverse range of cultural phenomena that contributed to its racialized logic, this essay connects Wharton's fears of class mobility, mass production, immigration, and “race suicide” to the taxidermic aesthetic of racialized stasis. Part of a rare and endangered species, Lily becomes Wharton's decadent specimen of racial permanence.

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Snyder, Andrew. "Carnival Brass Bands in New Orleans and Rio de Janeiro: Disinheritance, Alternative Whiteness, and Musical Eclecticism". Ethnomusicology 65, n.º 3 (1 de outubro de 2021): 519–48. http://dx.doi.org/10.5406/ethnomusicology.65.3.0519.

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Abstract This article explores the predominantly White brass band scenes of the carnivals of New Orleans and Rio de Janeiro as producing rituals of intensified social distinction. The bands’ musical practices realize aesthetic preferences of distinct racialized communities forged through relational positioning. Offering alternatives to the “heritage repertoires” of these carnivals based in musical Blackness, these bands’ musical eclecticism forms an aesthetic articulation of “alternative Whiteness,” which seeks to “disinherit” both hegemonic Whiteness of conservative cultural politics and commodification of Blackness. The article theorizes contemporary carnivalesque translocality in consideration of longer histories of festive circulation in the Atlantic World. Este artigo examina o cenário de bandas de sopros, formadas predominantemente por pessoas brancas, presentes nos carnavais de Nova Orleans e no Rio de Janeiro, caracterizando como rituais de intensificação da distinção social. As práticas musicais realizadas por essas bandas têm preferências estéticas distintas das comunidades negras forjadas por meio de posicionamento relacional. Oferecendo alternativas aos “repertórios de herança” desses carnavais baseados na negritude musical, o ecletismo musical dessas bandas forma uma articulação estética da “branquitude alternativa”, que busca “deserdar” tanto a branquitude hegemônica da política cultural conservadora quanto a comodificação da negritude. O artigo teoriza a translocalidade carnavalesca contemporânea em consideração a histórias mais longas de circulação festiva no Mundo Atlântico.

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Murphy, Anthony. "Restauratio Iustinianus. Despre reforma dezmoștenirii în dreptul succesoral român". Studia Universitatis Babeş-Bolyai Iurisprudentia 65, n.º 4 (16 de março de 2021): 653–71. http://dx.doi.org/10.24193/subbiur.65(2020).4.19.

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The struggle between testamentary freedom and family protection is one of the enduring challenges in the field of succession law. This paper is exclusively concerned with the Civilian tradition, where efforts to bridge the gap between said ideals generally follow two main models. Some legal systems maintain the Roman model of allowing the testator or testatrix to lift the forced heirship in cases strictly provided by the law, whilst others prefer the Napoleonic paradigm of depriving the deceased of said power. Romanian succession law has experienced both models, with the former dominating the medieval and early modern law and the latter only introduced in the second half of the 19th century, with the legal transplant of the Code Napoléon. The present study argues that certain changes introduced in the Civil Code of 2009, specifically empowering the decedent to lift the effects of unworthiness and explicitly regulating the regime of disinheritance, foreshadow a return to the Roman paradigm.

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McClatchie, Stephen. "Benjamin Britten, Owen Wingrave and the politics of the closet; or, ‘He Shall Be Straightened Out at Paramore’". Cambridge Opera Journal 8, n.º 1 (março de 1996): 59–75. http://dx.doi.org/10.1017/s0954586700002858.

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Benjamin Britten's television opera, Owen Wingrave, first broadcast on the BBC on 16 May 1971, is probably the least known of his sixteen operatic works. Based on an equally obscure tale of the same name by Henry James, it concerns the last scion of a military family who decides to abandon his calling and embrace pacifism. After fierce family opposition and disinheritance, Owen agrees to spend the night in a haunted room in the family mansion of Paramore – a room in which an ancestor was found dead ‘without a wound’ after accidentally killing his son while disciplining him. Several hours later, his body is discovered – dead, without a wound, like that of his forbear. Despite the compeffing nature of the story, Owen Wingrave has never found a secure place in the Britten canon, largely owing to a lingering dissatisfaction aroused by the ending. In what follows, I should like to explore this dissatisfaction and propose a context within which to approach the opera.

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Kozlova, Ekaterina E. "פרא אדם/‘An Onager Man’ (Gen 16:12α) as a Metaphor of Social Oppression". Vetus Testamentum 67, n.º 1 (23 de janeiro de 2017): 16–41. http://dx.doi.org/10.1163/15685330-12341271.

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This essay focuses on the presentation of Ishmael as an ‘onager man’ in Gen 16:12α and shows that conventional readings of Ishmael’s profile are wrong about the direction in which aggression is channelled in his material—he is not the aggressor, he is on the receiving end of aggression. It argues that the first statement in the oracle in Gen 16:12α receives its resolution in the act of Abraham’s banishment of Ishmael in Gen 21. This reading is predicated on the fact that animalisation was a widely-used cultural tool of mediating violence (political, economic, and social) with onagers representing a lowest register of the abused and disadvantaged segments of ancient societies (cf. Job 24, 30; Sir 13). In addition, it shows that animals, equids in particular, are featured in contexts of socially unacceptable types of interments, and Ishmael’s designation as an onager points to his disinheritance and ‘non-burial’ in Gen 21.

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Kursa, Sławomir. "Protection of Personal Rights in Law of Succession". Teka Komisji Prawniczej PAN Oddział w Lublinie 16, n.º 1 (30 de junho de 2023): 169–77. http://dx.doi.org/10.32084/tkp.5447.

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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.

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Sperling, Jutta. "Dowry or Inheritance? Kinship, Property, And Women's Agency in Lisbon, Venice, and Florence (1572)". Journal of Early Modern History 11, n.º 3 (2007): 197–238. http://dx.doi.org/10.1163/157006507781147470.

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AbstractThe marital property regimes, inheritance practices, and kinship structures of Renaissance Italy and early modern Portugal were at opposite ends of a spectrum. In Italy, the legitimacy of marriage was defined as the outcome of dowry exchange governed by exclusio propter dotem, thus conceptually linked to the disinheritance of daughters and wives. In Portugal, where the Roman principle of equal inheritance was never abolished, domestic unions qualified as marriages insofar as joint ownership was established. Kinship structures were rigidly agnatic in Italy, but cognatic, even residually matrilineal, in Portugal. An investigation of notarial records from Lisbon, Venice, and Florence shows how women's capacity for full legal agency as property owners in both societies differed. Female legal agency, however, whether measured by women's capacity to engage in property transactions independently of their marital status (Portugal), or as the manipulation of limited legal resources, even resistance against a system of dispossession (Italy), always unfolded within the context of larger agendas that were beyond women's control, such as the processes of state formation in medieval Italy and empire-building in Portugal.

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Sobol, Eugeniusz. "Wątki ukraińskie w twórczości Eugeniusza Tkaczyszyna-Dyckiego". Studia Polsko-Ukraińskie 9 (18 de junho de 2022): 216–30. http://dx.doi.org/10.31338/2451-2958spu.9.14.

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In this article the author explores the Ukrainian motifs in Eugeniusz Tkaczyszyn-Dycki’s poetry, which appear from the first volume to the last, so they are durable. At the beginning the research examines Dycki’s interest in the Baroque, because in this period Ruthenian (Ukrainian) motifs began to appear. The paper presents the theses on Eastern themes by Dycki, which were described by other researchers, to which the author referred and which he creatively developed. The article has stated that the theory of post-colonialism does not fully match the Polish-Ukrainian realities. In Dycki’s works we notice an attempt to build an idyll in Polish-Ukrainian relations, and at the same time its disintegration was shown. The author of the article has found an analogy for this attitude of alienation and disinheritance in the interpretation of the life and work of Jean Genet, which was presented by Jean-Paul Sartre in his book „Saint Genet, Actor and Martyr”. The research has reconstructed family relations with his father and mother in Dycki’s poetry, and also examined the function of Ukrainian words appearing in his poems. First of all, his relationship with his mother, indicating an emotional dependence, attracts attention.

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Knust, Jennifer. "Who’s Afraid of Canaan’s Curse?" Biblical Interpretation 22, n.º 4-5 (23 de agosto de 2014): 388–413. http://dx.doi.org/10.1163/15685152-02245p02.

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The story of Noah’s curse of his grandson Canaan (Gen. 9:18–29) is especially well suited to an interpretive style Eve Kosofsky Sedgwick has labeled “paranoid reading.” Oft exploited by those invested in xenophobia and racism, this passage appears to present an intrinsically identitarian plot that cannot be shaken off, either by historicizing or by other kinds of critical engagement. Indeed, historical critical analysis has tended to confirm rather than undermine the story’s determination to justify disinheritance on the basis of some vague form of sexual perversion. In her later work, however, Sedgwick began to call such paranoid readings into question, advocating a more open, descriptive, and anti-foundational approach to texts and histories. These “reparative reading” practices cede paranoia’s determination to be “in the know” to descriptive multiplicity and more limited acts of noticing. Inspired by Sedgwick’s insights, this essay considers the advantages of paranoid reading strategies, especially when it comes to this story, even as it acknowledges the serious limits of such readings, which have yet to succeed if the goal is to undermine the stickiness of sexualized and racialized blaming rooted in this difficult biblical text.

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Đekić, Đorđe. "Legal status of male offspring according to the Skadar Statute". Bastina, n.º 59 (2023): 285–91. http://dx.doi.org/10.5937/bastina33-42772.

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The necessity to study the statutes of coastal towns under Serbian rule in the Middle Ages stems from the fact that those statutes are actually written laws of those communities. We learn from them that the questions were regulated through customary law. The Skadar Statute, here the subject of our study, originate from the period of the King Stefan Dusan rule, more precisely, before he was crowned king in 1346. The paper is, as much the source allows it, a comprehensive study of the status of male offspring as given in the Skadar Statute. We have shown how it regulated marriage for minor sons and those of age, the questions of their wives' dowry, rules of intestacy, disinheritance of sons, issues of both sons' and parents' debts, wills made by father, mother and sons, as well as the rules of intestacy when there was no will. The legal issue of the male offspring in the Skadars Statute that has been studied and systematised in this way enables a comparison with the legal status of male offspring in other Serbian coastal towns, primarily of Kotor and Budva.

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Giles, Paul. "American Literature in English Translation: Denise Levertov and Others". PMLA/Publications of the Modern Language Association of America 119, n.º 1 (janeiro de 2004): 31–41. http://dx.doi.org/10.1632/003081204x22864.

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The theory of exile as a form of intellectual empowerment strongly influenced writers of the Romantic and modernist periods, when major figures from Byron to James Joyce and Samuel Beckett sought to take advantage of a dissociation from native customs to embrace the authenticity of their art. More recently, however, displacement from indigenous cultures has become such a commonplace that it appears difficult to credit the process of migration with any special qualities of critical insight. Nevertheless, literary scholarship remains to some degree in the shadow of the idealization of “exiles and émigrés” that ran through the twentieth century. Edward Said, a Palestinian in the United States, consistently linked his “politics of knowledge” with a principled alienation from “corporations of possession, appropriation, and power,” while looking back to the exiled German scholar of comparative literature Erich Auerbach as a model for transcending “the restraints of imperial or national or provincial limits” (Culture 335). Julia Kristeva, a Bulgarian in France, associated a similar perspective of estrangement with Christian narratives of exile and purification, along with their negative correlatives, psychological traumas of disinheritance and depression; but she also attributed to the foreign writer a levitating condition of “weightlessness”: “since he belongs to nothing the foreigner can feel as appertaining to everything, to the entire tradition” (32).

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Hosemann, Eike. "Protecting Freedom of Testation: A Proposal for Law Reform". University of Michigan Journal of Law Reform, n.º 47.2 (2014): 419. http://dx.doi.org/10.36646/mjlr.47.2.protecting.

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This Article addresses a problem ever more pressing in wealthy and aging societies like the United States: interference with freedom of testation by the use of wrongful means such as undue influence or will forgery to acquire benefits through inheritance. A detailed analysis of the remedies against interference with freedom of testation under inheritance law, tort law, and equity reveals that there is currently a significant under-deterrence of this undesirable behavior. Hence, this Article proposes a new remedy in order to protect freedom of testation more effectively: a disinheritance statute barring wrongdoers that have infringed upon someone’s freedom of testation from inheriting from their victims, not unlike the slayer statutes adopted by many state legislators in order to deal with “murdering heirs.” This statutory prohibition against inheritance in cases of interference with freedom of testation would do more than alleviate the identified under-deterrence problem. The proposed legislative reform would also conform with an important principle of American law: the idea that no one should profit from his wrongdoing. In addition, arguments in favour of the suggested proposal can be made by reference to the general trend towards a behavior-based inheritance regime and in view of the availability of similar rules in jurisdictions outside the United States.

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Selim, Yasser Fouad. "Decentering the Bard: The Localization of "King Lear" in Egyptian TV Drama "Dahsha"". Multicultural Shakespeare: Translation, Appropriation and Performance 18, n.º 33 (30 de dezembro de 2018): 145–60. http://dx.doi.org/10.18778/2083-8530.18.10.

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Dahsha [Bewilderment] is an Egyptian TV series written by scriptwriter Abdelrahim Kamal and adapted from Shakespeare’s King Lear. The TV drama locates Al Basel Hamad Al Basha, Lear’s counterpart, in Upper Egypt and follows a localized version of the king’s tragedy starting from the division of his lands between his two wicked daughters and the disinheritance of his sincere daughter till his downfall. This study examines the relationship between Dahsha and King Lear and investigates the position of the Bard when contextualized in other cultures, revisited in other locales, and retold in other languages. It raises many questions about Shakespeare’s proximity to the transcultural/transnational adaptations of his plays. Does Shakespeare’s discourse limit the interpretation of the adapted works or does it promote intercultural conversations between the varying worldviews? Where is the Bard positioned when contextualized in other cultures, revisited in other locales, and retold in other languages? Does he stand in the center or at the margin? The study attempts to answer these questions and to read the Egyptian localization of King Lear as an independent work that transposes Shakespeare from a central dominant element into a periphery that remains visible in the background of the Upper Egyptian drama.

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Vishnupriya C V. "The Mobile Identities: Crises of Mobility Portrayed in the Malayalam Film Pathemari". Creative Launcher 4, n.º 4 (31 de outubro de 2019): 72–75. http://dx.doi.org/10.53032/tcl.2019.4.4.13.

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The present paper entitled The Mobile Identities attempts to examine the aftermath of migration especially from south India to gulf countries as portrayed in the film Pathemari directed by Salim Ahmed. He had already thrived in delineating the intricacies and conflicts in the lives of ordinary human beings through his previous award winning projects such as Abu, Son of Adam and Kujanathantekada. Pathemari also can be regarded as a similar attempt to project the stark realities of life faced by people during a particular time in history in particular and of present times in general. The paper attempts to analyze the life and character of the protagonist Narayan ranging from childhood to death by considering the different aspects of his livelihood such as family ties broken relationships, his unrelenting affection for his native place and the nature of treatment received from his homeland. The major objective of the study is to scrutinize how much the film succeeded to convey the undesirable effects of being driven from one’s own culture and community such as identity crisis, the feeling of alienation and the sense of disinheritance. Thus this study can be described as an endeavor to think over the various effects of kinesis; both individually and socially.

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Rubik, Margarete. "Sibling Rivalry, (Dis)Inheritance and Politics in Aphra Behn’s The Younger Brother and Susanna Centlivre’s The Artifice". Humanities 13, n.º 2 (15 de março de 2024): 53. http://dx.doi.org/10.3390/h13020053.

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Behn and Centlivre used their comedies about the rivalry between an elder and a younger brother concerning an inheritance to make a political statement. Primogeniture was customary in early-modern England, and if an estate was entailed (rather than held in fee simple), it was difficult, though not impossible, to will it away to another person. The reasons meriting disinheritance were widely discussed, but in the two plays, the Tory fathers disinherit their Whig elder sons for political reasons. As The Younger Brother was staged posthumously and altered by Charles Gildon, it is arguable what Behn’s manuscript looked like, but there are indications that the elder brother was meant to be a downright republican and that Behn saw to it that the estate would go to the Tory younger brother, whose political stance she shared. In The Artifice, the father disinherits his upright elder son because he punished a Jacobite clergyman (whom the Whigs would have considered traitorous), but Centlivre—a zealous Whig herself—engineered an ending that reinstates the elder brother but also provides the younger with a comfortable income. Both dramatists also dealt with the inheritance prospects of women and the power of disposal they have over their portions.

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