bluuebunny/crossref_metadata_2025 huggingface dataset:
Confronting South Korea's Next Crisis
Authors: Woo Jaejoon
Published: June 2022

South Korea’s economic miracle is a well-known story. However, today Korea is confronting a new set of internal and external risks, which may foreshadow the next crisis. The Korean economy has struggled with a faltering growth momentum and the rise of unprecedented socio-economic problems well before the pandemic crisis. After abrupt downshifts to markedly slower growth in the early 2000s, economic growth has continued to decelerate. Koreans are grappling with slow income growth, all time-high household debt, high youth unemployment, inequality, and social polarization. Politics is in disarray and is incapable of directing social discourse for the common good. Rapid population aging along with the world’s lowest fertility rates stokes fears of Japanification. Simultaneously, disruptive technologies and a fast-changing business environment, including the rise of China, clash with a range of long-standing structural problems. The contemporary challenges are radically different from those seen in the early stages of industrialization. There are multiple risks that threaten to self-perpetuate low or stagnant growth over the next decade or so, if not an outright financial crisis. Motivated by these latest developments, this book seeks to provide a timely and in-depth analysis of key current issues and foreseeable challenges of the economy, with a provocative reassessment of its future. Based on extensive new empirical works, it examines the underlying causes of the socio-economic problems. In a constructive spirit, it puts into perspective what would constitute critical elements of ideal policy solutions and the direction of the future government’s role.
Social Polarization and Inequality of Income and Wealth
Authors: Woo Jaejoon
Published: June 2022

Perhaps the most striking fact about today’s Korea is that income inequality as measured by the Gini coefficient, top income share, or poverty rate is now among the highest in industrial countries. For example, the concentration of income and wealth at the very top of distribution has recently surged to unprecedented levels. Many Koreans believe that luck, birth, connections, and corruption, rather than individual efforts, increasingly determine income and wealth. The so-called Great Gatsby Curve is becoming a socioeconomic phenomenon. There is a risk that mounting popular discontent with the current system undermines the foundation of a capitalist democracy and creates a breeding ground for populism. Motivated by this background, Chapter 5 addresses some of the most significant questions and issues on the inequality of income and wealth, including how the income distribution has evolved in recent years; whether and how the wealthy differ from the rest in Korea; and how and why inequalities and social polarization matter for the Korean economy. It also considers the controversial debate about labor income share.
Looming Fiscal Challenges
Authors: Woo Jaejoon
Published: June 2022

For decades, a strong government balance sheet has been a cornerstone of macroeconomic stability in Korea, while offering ample room for countercyclical fiscal policy response. However, the political landscape has substantially changed recently. In the face of mounting social discontent amid slower growth and rising inequality, spending pressures have been building. Populist politicians’ calls for more ambitious fiscal programs have become louder and basic economic logic is often disregarded. Furthermore, the longer-term fiscal outlook paints a sobering picture for the country, mainly owing to the need to build an effective welfare state from a low base and the looming demographic challenge associated with rapid aging. Chapter 10 addresses a rich set of pertinent questions. Has the fiscal stimulus worked as intended? Are there any effects on current account balances from fiscal deficits? What are the longer-term fiscal risks and through which channels might these risks materialize? Can the favorable interest rate–growth differentials help avoid the need for fiscal austerity? What is the prudent debt level for Korea? What should be the key principles in (re)building the social welfare system to better reconcile the changing imperatives of equity and growth? In conclusion, it proposes a fiscal strategy, arguing that a credible commitment to a fiscal rule(s) that directly aims to curb the government debt path within a prudent limit should be a core element of the strategy.
Women’s Stories of Female Genital Mutilation
Authors: Proudman Charlotte
Published: June 2022

This chapter outlines women’s experiences of FGM. It includes vivid descriptions of FGM including a girl being held down in a pool of blood and cut. However, women’s attitudes towards FGM are far from homogeneous. This chapter shows the nuanced voices of women, from those that condemn FGM to those that support the practice. The chapter examines the key motivations for performing FGM, which include the control of a girl’s and woman’s sexuality, preservation of a cultural practice, a religious requirement to undergo FGM, and fear of transgressing a social norm. Each motivation is explored through the eyes of women who have been subject to FGM. This chapter provides a unique insight into women’s first-hand experiences and attitudes towards FGM.
The Barriers to Criminalising FGM
Authors: Proudman Charlotte
Published: June 2022

Since FGM was criminalised in 1985, there has only been one conviction for the practice as recent as 2019. In this chapter, the obstacles and potential for the implementation of anti-FGM laws are explored in more detail. There has been a political focus on ending FGM through the law but does a top-down approach have an impact on changing deeply embedded cultural attitudes towards FGM? It is suggested in this chapter that there are a range of barriers to ending FGM including: lack of education about FGM, opposition to criminalising FGM, the contentious label of ‘child abuse’, race and racism, and the changing dynamics of FGM. As the law seeks to criminalise perpetrators, communities have responded by changing the practice to avoid detection and prosecution.
Legal Hypocrisy: Female Genital Mutilation v Female Genital Cosmetic Surgery
Authors: Proudman Charlotte
Published: June 2022

This chapter explores the many overlaps between female genital cosmetic surgery (FGCS) and FGM. Whilst both practices involve unnecessary body modification for cultural or aesthetic reasons, there any many distinctions between the practices. Women and professionals attempt to compare and contrast the two practices and they offer their diverse views on the current legal status of FGCS and FGM. This chapter explores the legal position in respect of FGCS and FGM and asks whether there is a legal double standard in permitting FGCS whilst criminalising FGM. In addition, this chapter examines whether the hypocrisy in law could act as a barrier to the end-FGM movement and the criminalisation of FGM. Finally, this chapter concludes by proposing a new solution to resolve existing tensions in law and in practice towards FGCS and FGM.
A Novel Legal Remedy: Female Genital Mutilation Protection Orders
Authors: Proudman Charlotte
Published: June 2022

As the criminalisation of FGM has failed to prevent FGM, family law remedies have been used to protect children from the practice. This chapter explores the development of jurisprudence in family law. In particular, it explores care proceedings which involves the interference of the state in the family’s private and family life to protect a girl at risk of FGM and it examines the introduction of female genital mutilation protection orders (FGMPOs) in 2015 which are used to prevent an at-risk girl from being subject to FGM. This chapter reviews a number of published family law judgments concerning FGM, which shows many key themes including how the risk of FGM is assessed, travel restrictions imposed, and the necessity of medical examinations. It also examines the difference in the protection that is offered to a British girl at risk of FGM in contrast to a girl who does not have secure immigration status. The chapter suggests that the current application of the law is discriminatory, as girls without secure immigration status are often afforded less, or second-rate protection from FGM than British children.
The Boardroom as Terrain for Comparative Gender Policy Research
Authors: Engeli Isabelle , Mazur Amy G.
Published: June 2022

The chapter serves as an analytical road map for the rest of the book. It first discusses in detail how and why the corporate boardroom serves as an ideal arena for studying the politics and outcomes of gender equality policies in action. Next, the measurements that are used throughout the book to assess the regulatory scope and approach of corporate board gender equality policies as well as policy empowerment in the practice of policy and gender transformation in outcomes. The comparative research design for the study as a whole is then covered and the chapter ends with a discussion of how the Gender Equality Policy in Practice (GEPP) Approach is used in the thirteen country chapters and the closing comparative chapters of the book.
Implementing Corporate Equality through Québec Inc.
Authors: Grace Joan
Published: June 2022

Québec has been a leader in Canada for the promotion of women on corporate boards with the 2006 law that established gender parity on the boards of public enterprises. In the rest of Canada, at the federal and provincial levels, a self-regulatory comply-or-explain approach to monitoring and encouraging board diversity has been preferred. While the parity law in Québec is a potential feminist way forward in advancing the representation of women on boards, the policy fell short. Although the number of women on state-owned boards increased and parity was achieved on targeted state-owned company boards, the equality initiative has not diffused into the corporate world. Like all of Canada, there is no concerted interest in legislating or self-regulating gender parity on boards in corporate Québec. Moreover, the impact of the quota law was limited to numerical increases in women on the corporate boards of state-owned enterprises in Québec without strong evidence of significant gender transformation.
Diffusing Equality without Domestic Gender Champions? Incremental Change and Window-dressing in Croatia and Serbia
Authors: Spehar Andrea
Published: June 2022

Initiatives toward promoting gender equality on corporate boards in Croatia and Serbia are at best described as being a symbolic effort with little follow-through or impact on the deep-seated gender biases in the corporate world. Moreover, there has been little evidence of inclusive policy empowerment in implementation, and few domestic gender champions have come forward in the process. Instead of country-based champions, it has been more international actors that put corporate equality on the agenda through international financial assistance and norm diffusion. If the external influence has enabled the spread of new ideas across stakeholders in the business sector, these ideas have struggled to materialize on the ground. Corporate board reform efforts in both countries have remained piecemeal and uncoordinated. Calls for gender equality in the corporate world have not become any more salient and have failed to lead to any implementation of large-scale initiatives for promoting equality on boards of public and private companies.
From Shockwave to Ripple?
Authors: Teigen Mari
Published: June 2022

Norway was the first country in the world to adopt a gender quota for corporate boards in 2003, setting off a “shock wave” across the globe. While Norway quickly became a model for corporate equality in the world, the policy was highly contested in Norway at the time of its introduction. The chapter argues that although this strong state-regulation approach was predicted to produce a transformative change in corporate practices, it actually delivered limited change in the deep-seated gender norms of the business world with a moderate ripple effect in the first ten years of the implementation of the law. The recent period has shown signs of tangible progress and potential gender transformation.
A “Success Story” beyond Numbers
Authors: Blanchard Soline , Rabier Marion
Published: June 2022

France has come from being a laggard to a leader, at both European and global levels, after the introduction of an authoritative law establishing a 40% gender quota on corporate boards in 2011. This chapter analyzes what lies behind the French “success story” in terms of the numerical feminization of corporate boards. The quota instrument has had direct positive effects on the quantitative presence of women on corporate boards, but it has fallen short of fully challenging the established gender norms that keep women out of significant positions of influence. While femocrats and women business leaders were successful in advocating for board quotas, they have faced two main challenges. The business case in favor of gender quotas did not contest the foundations of gender hierarchies in the corporate world. In addition, the resistance of mostly men gatekeepers was discrete but successful in limiting the transformative potential of the law.
Implementing Paradox
Authors: Gresch Nora , Sauer Birgit
Published: June 2022

This chapter investigates the implementation of a progressive law in the context of the conservative gender regime in Austria. While the conservative regime makes equality policy more uncertain, a rather authoritative law on the Equal Treatment of Women and Men on Supervisory Boards was adopted in June 2017. As the chapter shows, once in place, the new policy left the conservative gender regime unchallenged with low levels of women’s empowerment in implementation and strong resistance from mostly business gatekeepers, which had ample opportunity to circumvent the intent of the law. The result has been gender accommodation rather than transformation.
The Transformative Power of Public Policy
Authors: Engeli Isabelle , Mazur Amy G.
Published: June 2022

This chapter delves deeper into the qualitative side of policy success across the fifteen country cases; looking at the past experiences with policy implementation for what has happened and why. A closer look is first taken at the inclusive policy empowerment hypothesis and the near-absence of gender transformative outcomes across the fifteen countries. Next, the chapter explores four major features of the route to strategic adaptation followed at some level in all fifteen countries. In the conclusion for not only this chapter but for the book as a whole, the larger lessons learned from these past experiences of tackling gender equality in the last male bastion of power and the implications for the pursuit of the “elusive recipe” for successful gender equality policy are presented. The book ends with a look toward the future in terms of the road that lies ahead for policy actors and scholars alike through proposing policy recommendations that might tip the scales away from strategic adaptation toward meaningful transformation and an agenda for future research on gender equality policy in action.
Introduction
Authors: Howgego Chris , Wilson Andrew
Published: June 2022

The Introduction presents the Coin Hoards of the Roman Empire Project and sketches the potential of a large database of coin hoards for the analysis of the monetary economy of the Roman Empire—quantification of coin output, coin circulation, and regional and chronological variations in hoarding patterns. It draws out themes and leitmotifs across the various chapters of the book, and introduces general problems of analysis, such as whether hoarding patterns really do reflect disruption by invasion and warfare, and to what extent monetary change, or plagues, may also affect the picture. It also discusses questions of the longevity of circulation of particular issues, and how these might affect interpretations of isolated coin finds.
Simplifying Complexity
Authors: Lockyear Kris
Published: June 2022

Chapter 2 is devoted to applied numismatic data: whether from site finds or coin hoards, they consist of tables of counts of coins comparing the distribution of coins—grouped by date, mint, design etc.—by find-spot. As ever larger collections of data are created, such as that being gathered by the Oxford Coin Hoards of the Roman Empire Project, the task of teasing out the underlying patterns in that data becomes ever more difficult. Numismatists have, however, generally eschewed using statistical techniques designed to do just that in favour of home-grown, and generally graphically based, methods. This chapter explores the application of statistical methods in numismatics over the last 50 years and suggests reasons why this is the case. It then presents an analysis of a small, simple data set using Correspondence Analysis that shows how a mathematically complex technique is, in fact, simple to apply and interpret. Finally, a more complex data set is analysed to demonstrate the efficacy of the approach.
Hoarding in Roman Britain
Authors: Ghey Eleanor
Published: June 2022

Chapter 3 presents an overview of the nature of the hoard evidence from Roman Britain, based on the work of the Arts and Humanities Research Council (AHRC)-funded joint British Museum and Leicester University research project, titled Crisis or continuity: Hoarding in Iron Age and Roman Britain with special reference to the third century AD. The project, led by Roger Bland, has collected data on all Iron Age and Roman coin hoards found in Britain to understand their archaeological context and the changing nature of hoard deposition during this period. Analysing numismatic data alongside information on the archaeological and landscape context of coin hoards allows this material to be reintegrated into wider social and archaeological narratives for Roman Britain and studied alongside the large data set of single finds held by the Portable Antiquities Scheme. This approach also highlights a number of methodological issues in the interpretation and definition of coin hoards.
Hoarding in Burgundy, France
Authors: Hostein Antony , Nouvel Pierre , Soum Bernadette , Trommenschlager Ludovic
Published: June 2022

Chapter 4 presents some results of the Trésors Monétaires de la Gaule (TreMoG) project, a collaboration between French and English scholars funded by the CNRS which began in 2016. Its goal is to fill a major lacuna in the digital coverage and study of hoards from Roman Antiquity found in central and eastern Gaul. This chapter focuses on Burgundy, chosen as a case-study region which demonstrates the potential of the project; it has not been covered by the TAF series (Trésors Antiques de la France), but has a large amount of new or unpublished data in archives or recent archaeological reports. Moreover, Burgundy equates to the territory of the ancient civitas Aeduorum, one of the richest and most powerful people of Gaul and it was thought that it might be profitable to study coin hoarding in a particularly well-documented civic territory. Entering TreMoG data into the Coin Hoards of the Roman Empire Project database began in April 2016. This chapter presents a preliminary analysis of the archaeological contexts and spatial and temporal distribution of Roman coin hoards in Burgundy.
Coin Hoards of the Gallic Empire
Authors: Mairat Jerome
Published: June 2022

Chapter 5 discusses the fact that the division of the Roman Empire between the Central Empire and the Gallic Empire in the mid-third century provides a rare opportunity to assess coin circulation and internal political borders. The chapter therefore concentrates on coin circulation, mainly of the radiates, at the zones of contact between the two regimes and in the zones where the ruling regime is uncertain: Hispania, Narbonensian Gaul, Switzerland, and Raetia. The chapter addresses whether hoards and coin circulation can be used to define more precisely the political borders, and how hoards can be used to supplement epigraphic and archaeological evidence.
The Interface between East and West in Hoards from Southern Greece and Macedonia
Authors: Iakovidou Athena , Kremydi Sophia
Published: June 2022

Chapter 6 provides an overview of the Roman hoards discovered in the territory of modern Greece, and discusses circulation patterns of both local and imperial coinages. It presents the overall composition of the hoards and the types of currency included for each of two major regions: the Roman province of Achaia with the addition of the Aegean islands and Crete; and the part of the Roman province of Macedonia which belongs to the modern Greek state. The chapter explores differences in the patterns of geographical distribution for the Roman denominations between the two regions and which denominations prevailed over time. What is the percentage of Roman versus local issues and in what type of hoards are the two currencies encountered? How far did local coins travel? Special attention is given to tracing change over time, and to regional variation.
Third-Century Hoards of Roman Provincial Coins from Moesia Inferior
Authors: Bonchev Ivan
Published: June 2022

Chapter 8 focuses on the distribution of civic coinage in Moesia Inferior using the largest database of civic coins ever collected for the province—147 hoards with a total of over 22,728 coins. The distribution of civic coinage is significant because such coins may reflect the movement of people, allowing tracing of the movement of the coin from their being struck at a mint to the place of deposition or loss. Under the Severan dynasty, Moesia Inferior reached its economic peak, and then declined rapidly during the Gothic raids from the middle of the century. There are 96 civic coin hoards with a terminus post quem of AD 238–49. This chapter analyses the relationship between numismatics, history, and economy, examining the coin hoards according to content, condition, and context, and discussing whether their burial was a direct response to military conflict or related to the monetary reforms and economic changes of the period.
Coin Hoarding in Roman Palestine: 63 BC–AD 300
Authors: Goldman Joshua
Published: June 2022

Chapter 9 presents select observations about the coin hoards of Roman Palestine, specifically those from the early Roman (63 BC–AD 73) and middle Roman (AD 73–300) periods. A dramatic increase in the number of known hoards dated to the First Jewish Revolt (AD 66–70/3) and the Bar Kokhba Revolt (AD 132–6) provides evidence of the correlation between concentrations of hoards and periods of violence. The high frequency of confirmed and probable Bar Kokhba Revolt hoards reflects the destructive force of the Roman army in Palestine and the difficulty of hoard recovery in the remote and inaccessible caves of the Judaean Desert. There is a dearth of hoards dated between 136 and 217. By 250–75, radiates were the most commonly hoarded coins and the increased hoarding in this period was probably influenced by the reforms of Aurelian in 274.
Hoarding of Denarii and the Reforms of Nero and Septimius Severus
Authors: Butcher Kevin , Ponting Matthew
Published: June 2022

Chapter 12 addresses the fact that, in c. AD 64, and again in AD 194, the silver content of the denarius was reduced significantly. This chapter explores some of the metallurgical and hoard evidence, looking at evidence for public reaction to these changes. Both reforms represent something of a watershed in the composition of many hoards. Can public reactions to these changes help to explain some of the measures taken by the state in the decades following the debasements? How do coinage reforms affect patterns of hoard deposition?
Coin Supply and Longevity of Circulation: Three Case Studies from Hoards in North-West Europe
Authors: Hellings Benjamin D. R.
Published: June 2022

Chapter 13 examines three case studies: of Neronian aurei in hoards from north-west Europe; of eastern denarii in Britain and Germany; and of Domitianic silver in the north-west of Europe. It uses these to demonstrate the use of hoards to establish coin supply and longevity of circulation, the benefits of consulting both hoards and non-hoarded coin finds from a single area, and why hoard profiles across the Empire should not be merged.
Forms of largitio and ‘Denominations’ of Silver Plate in Late Antiquity
Authors: Hobbs Richard
Published: June 2022

Chapter 15 examines new vessel forms in silver plate that appear in the early fourth century, and suggests that they should be viewed as an extension of the late Roman currency system introduced under Diocletian and refined by Constantine. It argues that their production was linked to the operation of the late Roman mints and the office of the comes sacrarum largitionum, responsible for the distribution of imperial largesse. It explores new approaches to addressing questions about the manufacture of silver plate, and the balance between ‘official’ and ‘private’ production. The use of silver plate by the ‘new aristocracy’ of the later Roman Empire for elite display and the maintenance of complex networks of social relations is discussed, examining what hoards that include silver plate can indicate about wider macro-economic trends during a period of history recently characterized by Jairus Banaji as the ‘rampant stratification of society’
The Unnecessary Referendum
Authors: Stacey Richard
Published: June 2022

Why are new constitutions increasingly submitted to referendum? This chapter describes how, in moments of ‘constitutional interregnum’ where the previous constitutional system has been abrogated and there are no longer any institutional mechanisms in place for the expression of popular will, a referendum is viewed as the only way that a new constitution can claim a sovereign people’s approval. Further, a constitution’s approval at referendum is often taken to be sufficient for this claim to the authority of popular sovereignty. This chapter challenges this orthodoxy, arguing that a referendum is neither necessary nor sufficient for a constitution’s claim to the authority of popular sovereignty. By drawing a distinction between constituent power and popular sovereignty in the first place, and between popular sovereignty and sociological legitimacy in the second place, the chapter argues that the claim to popular sovereignty brings with it a substantive commitment to moral autonomy and political equality. No referendum can purport to express the sovereignty of a people without first recognising that every individual who constitutes that people must be free to contribute to formulating the people’s sovereign will. The referendum is unnecessary: all that is necessary is the commitment to the substantive conditions that make the referendum itself possible. Referendal approval delivers sociological legitimacy to a constitution but does not by itself imbue that constitution with the authority of popular sovereignty. Indeed, a veneer of legitimacy may obscure constitutional arrangements that are antithetical to the very concept of popular sovereignty.
Experimental Bodies
Authors: Fejerskov Adam
Published: June 2022

This chapter takes the reader into the world of the global bioeconomy and pharmaceutical trials around the Global South, using Bangkok as a bustling empirical heart to understand the role of pharmas in both strengthening the global experimental movement and in substituting treatment with trials, normalizing experimentation in everyday bodily life. As governments in the well-off parts of the world are raising the regulatory bar on compliance and documentation, greatly increasing the costs of clinical trials, the pharmaceutical industry looks towards ‘emerging markets’, i.e. poor countries. Here, clinical trials are cheaper and speedier (sometimes reducing the costs to less than one tenth), and regulations far laxer, whilst patient recruitment is easy with struggling public health sectors and high poverty rates entailing a lack of resources or poor access to specialized medicines and treatment. The big business of clinical trials on human subjects has been globalized. In the Global South, questionable regulatory bodies impede the monitoring of clinical trial data and the safety of drugs and devices. Likewise, wide disparities in education, economic and social standing, and health care systems may result in a lack of understanding of both the investigative nature of therapeutic products and the use of placebo groups, just as financial compensation for participation may exceed participants’ annual wages. This chapter explores the human, bioethical, and philosophical consequences of Western pharmaceutical companies increasingly seeing the Global South as a play ground for experimenting with new drugs.
The European Succession Regulation
Authors: Mainwaring-Taylor Rachel , Spearman Annabel
Published: June 2022

This chapter begins with examining the Regulation (EU) of the European Parliament and of the Council on the jurisdiction, applicable law, recognition, and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession (‘the Regulation’). It highlights that the Regulation seeks to remove difficulties caused by different Member States applying different connecting factors (residence, nationality, domicile, habitual residence, situs of assets) which gave rise to conflicts that were often difficult, if not impossible, to resolve. The chapter also stresses that the Regulation aims to apply a common test to determine which law shall apply to an individual’s succession, and to provide for that law to apply to the whole succession of the deceased. Ultimately, this chapter considers the default applicable law under the Regulation: the law of a person’s habitual residence. It also reviews the Regulation's guiding principle which aim that a single law will govern a particular succession.
Argentina
Authors: McEwan Juan Pablo , Robinson Herberto , McEwan Estudio
Published: June 2022

This chapter discusses the legal and local system of Argentina. It emphasizes that Argentina is regulated by the Argentine Civil and Commercial Code (the 'CCC'), which is the substantive law. The chapter also provides a brief description of formalities for different types of wills in Argentina. Under the CCC there are only two types of wills: holographic will and a will by public deed. It then proceeds to elaborate on Argentina's amendment, revocation, revival as well as joint reciprocal wills. Ultimately, this chapter highlights Argentina's order of succession in cases of intestacy, noting that the CCC provides for certain orders of succession depending on who survives the deceased. The chapter also reviews the Argentine law on the capacity of the testator/trix to dispose of his or her estate by will and the community property between husband and wife. It then considers three legal presumptions of death in Argentine law.
Belgium
Authors: Mul Dr Karel
Published: June 2022

This chapter begins by discussing the Belgian Civil Code (BCC) which regulates all civil law aspects of a succession, including the order of heirs and the forced heirship rules. It outlines the three forms of wills in Belgian law: holographic will, public will, and international will. The chapter then argues that the heirs of the deceased, i.e., the children, the parents, the collateral relations, and the surviving spouse, are the only persons who are entitled by the BCC to inherit. It highlights that the beneficiaries are divided into three lines: the descending line (children and grandchildren); the ascending line (privileged and ordinary) (the parents); and the collateral line (privileged and ordinary) (the brothers and sisters, uncles, and aunts). Ultimately, this chapter explores the freedom of testation of Belgian law, noting that it is limited by the mechanism of ‘forced heirship rules’, i.e., the reserved compulsory share or ‘reserve héréditaire’. It then looks at the two main types of marriage contract under the BCC: (1) the community contract; and (2) the separation of property contract.
Bermuda
Authors: MacIntyre Craig
Published: June 2022

This chapter tackles the legal system of Bermuda, noting that Bermuda is a common law system and not a federal system. In the context of wills, the chapter reveals that a person of 18 years and over and of ‘sound disposing mind’ may make a will. A will includes a testament, a codicil, an appointment by will, an exercise of a power in writing in the nature of a will, and any other testamentary disposition. This chapter then shifts to illustrate the intestate succession—governed by the Succession Act 1974. It argues that there is no recognition of common law spouses or cohabitants, whether of the same or opposite sex. The statute makes no distinction between a husband and wife who are living together and spouses living apart. The chapter also looks at the system of forced heirship or statutory allocation of compulsory shares to the spouse, issue, ascendants, or collaterals of the deceased in Bermuda. It then reviews the and community property and joint property.
Canada—Ontario
Authors: Duffy Lori M. , Brock Cecile Ko
Published: June 2022

This chapter focuses on the federal government of Canada and all Canadian provinces and territories which function under a common law system (except Quebec’s legal system which is a civil law system). It highlights that Canada functions under a federal system of government that divides the responsibility for various government powers between the federal and provincial governments. The chapter then delves into the four different types of wills under Ontario law: formal or attested will, holograph will, privileged will, and international will. It also elaborates on the intestate succession which is governed by Part II of the Succession Law Reform Act (SLRA). The SLRA provides that where a person dies intestate and is survived by a spouse and not survived by issue, the spouse is entitled to the property of the deceased, absolutely. The chapter concludes by addressing the compulsory shares that must be left to a spouse under Ontario law, the Family Law Act. It also examines joint property and the two components to the capacity of a testator under Ontario law.
Germany
Authors: Bauer Dr. Heinz L.
Published: June 2022

This chapter begins with a brief survey on Germany's type of system: Civil Law. Although Germany is a federation, the German Civil Code (Bürgerliches Gesetzbuch) (‘BGB’) applies throughout the country. The chapter records that Germany is a member state of the European Union and has adopted EU Regulation 650/2012. The BGB recognizes two standard forms of will: holographic will and will made by way of the public instrument. This chapter also peeks at the two standard forms of will which do not require the involvement of witnesses. It emphasizes that all wills can be changed by the testator/trix in accordance with the rules applicable to the already mentioned wills, on the instrument itself, as an addition, or as a codicil. Ultimately, the chapter addresses how the order of succession is determined in accordance with the heirs’ blood ties with the deceased. It also reviews the freedom of testation by the German Constitution, the community of surplus, and joint ownership.
Greece
Authors: Karagiorgou Theodora D.
Published: June 2022

This chapter stresses that there is no federal system in Greece. It surveys the legal system of Greece, the civil law system, and the two categories of wills—the ordinary and extraordinary wills—in civil law. Joint and/or mutual wills are not recognized. An ordinary will may take the form of a holograph will, a public will, or a secret will. The chapter then explores the intestate succession under the Greek law, noting that it is regulated by the provision that no relative is able to inherit from the estate so long as there exists another relative of a preceding class. It also examines the freedom of testation and compulsory shares for husband/wife/common law wife, civil partner, and children under Greek law. This chapter reveals that a legitimate portion, which is equal to one-half of the intestate share, is provided for forced heirs, i.e., for the descendants and parents of the deceased and their surviving spouse. It ultimately concludes by discussing the two different regimes regarding the proprietary consequences of marriage. The chapter also looks at how jointly owned property devolves on the death of a joint owner.
Indonesia
Authors: Bunjamin Tjahjadi , Ameria Nadhira
Published: June 2022

This chapter offers a brief survey of Indonesia's civil law system. Although Indonesia is not a federal system, the chapter emphasizes that it has provinces which have regional autonomy with both centralised and decentralised distribution of power. It argues that formal requirements relating to wills and inheritance in India depend on the religion and ethnicity of the deceased. This chapter then displays the three principal regimes: the Indonesian Civil Code (‘ICC’); the Islamic Law Compilation (‘ILC’); and traditional ethnic laws. The chapter also looks at the order of succession in cases of intestacy. Where someone dies intestate that person’s assets would be distributed in accordance with either the ICC or ILC forced heirship rules, depending on the religion or the ethnicity of the deceased. Ultimately, this chapter outlines how the distribution of inheritance under the ICC is carried out in a certain order. It also analyzes the right to maintenance and the jointly owned property under Indonesian law.
Liechtenstein
Authors: Wenaweser Stefan , Vogt Laura
Published: June 2022

This chapter considers the legal system of Liechtenstein: civil law system. It reports that the Princely Court in Vaduz, the capital of Liechtenstein, is the appropriate Court of First Instance for matters of succession law. The chapter then describes the last will as an instruction from the person testating on who shall receive his or her estate. This instruction is unilateral, revocable at any time, does not require receipt and must meet certain formal requirements. This chapter analyzes the order of succession in cases of intestacy, stating that the law is based on the principle of family succession and follows the system of succession per stirpes. Consequently, the intestate heirs are the closest relatives and the spouse in the following order: first line: the decedent’s descendants; second line: the decedent’s parents and their descendants; third line: the decedent’s grandparents and their descendants; fourth line: the decedent’s great-grandparents, but not their descendants. Ultimately, the chapter reviews the freedom of testation under the Liechtenstein law. As a result of the principle of family succession, the testator/trix is obliged to leave to the forced heirs a compulsory share. It also looks at the separation of property, maintenance, and the decedent’s jointly owned property.
Malaysia
Authors: Wee Nicole
Published: June 2022

This chapter describes the legal system of Malaysia as a common law system, which originated from the British legal system. With respect to the will of Malaysian system, the chapter describes it as a declaration intended to have legal effect of the intentions of a testator with respect to his property or other matters which he desires to be carried into effect after his death and includes a testament, a codicil and an appointment by will or by writing in the nature of a will in exercise of a power. In the context of intestacy, the chapter explains that where a person dies intestate, his or her moveable and immoveable property will vest in Amanah Raya Berhad until administration is granted in respect thereof. The chapter also reveals that there are no compulsory shares that must be left to any person under Malaysian law, and a testator/trix is free to devise, bequeath, or dispose of his or her property by will in any manner and to whomever as he or she so chooses. Ultimately, this chapter stresses that the devolution of immoveable property of a testator/trix is governed by the lex situs, while the distribution of his or her moveable property depends on the lex domicilii.
The Netherlands
Authors: Wolde Mathijs H. ten , Bom Hans M.
Published: June 2022

This chapter surveys the local system of the Netherlands. It emphasizes that the Netherlands has a civil law system and consists of four independent parts (countries): The Netherlands and Aruba, Curaçao, and Sint Maarten which are located in the Caribbean. The chapter also tackles the forms of wills under Dutch law. It argues that all wills must be made in written form. The Civil Code (CC) recognizes the following types of will: will by notarial deed, informal will deposited with a notary, codicil, and public will. These wills may be amended in conformity with the applicable rules with regard to their formal aspects. A last will may be revoked explicitly or implicitly. Ultimately, this chapter talks about the order of succession in cases of intestacy, highlighting the classes of heirs who are called to the estate. It also considers the statutory matrimonial regime and community property. According to this regime, all assets and debts belonging to a husband and wife that are in their possession at the time of marriage or that are acquired during their marriage become common property.
New Zealand
Authors: Orr Timothy
Published: June 2022

This chapter expounds on the legal system in New Zealand as a common law system originally derived from the laws of England and Wales. It emphasizes that a will must be in writing and may be a holographic will or typewritten. Under New Zealand law, the chapter unfolds that the will-maker has testamentary freedom and is not bound to leave shares in his or her estate to any particular person. When it comes to maintenance, this chapter explains that the Family Protection Act 1955 allows the court to make an order that provision be made from the deceased’s estate if under the terms of the deceased’s will (or as a result of the deceased’s intestacy) inadequate provision is made for the proper maintenance and support of the persons by whom or on whose behalf the application is made. Ultimately, the chapter argues that a will made in New Zealand may be admitted to probate in New Zealand, despite not being a valid will under New Zealand law, if it was made as required by the law of the place where the deceased was domiciled either when the will was made or when the person died.
Northern Ireland
Authors: Bleakley Neil , Tighe Oliver
Published: June 2022

This chapter confers that Northern Ireland has a common law legal system. When it comes to wills, the chapter stresses that a holographic will is valid, provided all formalities are complied with and its contents are clear. In the context of intestacy, this chapter notes that currently in Northern Ireland, a child conceived but not born at the date of death shall be treated as if surviving at the date of death. Relatives of half-blood inherit in the same way as full blood relations and there is no distinction between legitimate, illegitimate, and adopted children or issue. The chapter also discusses how property can be owned jointly by way of joint tenancy or tenancy in common. It then argues that it is presumed that a testator/trix was of sound disposing mind when making his or her will and a properly executed will is ultimately admitted to probate without specific proof of testamentary competence unless steps are taken to contest competence. Furthermore, the chapter explains that a will can be invalid if it is shown that the testator/trix had insufficient capacity when making the will, or if there is evidence of undue influence or fraud.
Panama
Authors: Carreyó Nelson
Published: June 2022

This chapter focuses on the type of system in Panama. Panama has a civil law system, however, there is a strong influence of the common law system, inspiring certain statutes. The chapter then looks at Panama’s Civil Code which defines a will as the act whereby a person makes arrangements for the distribution of his or her property or part thereof after his or her demise. It also examines the order of succession in cases of intestacy, remarking that succession is the transfer of the rights, assets, and liabilities that form part of the inheritance of a deceased person to a surviving person, in accordance with the law and/or the testator’s will. The order of succession is established by law for blood-related heirs and is first, direct descendants, and then parents, in the event that the deceased had no children. Ultimately, this chapter talks about freedom of testation and inheritance. It emphasizes that an inheritance agreement or any other juridical act entered into before the demise of a person, lacks binding force unless the provisions comply with the formalities or requirements of the last will and testament.
Portugal
Authors: Carvalho Telma
Published: June 2022

This chapter examines the legal system of Portugal: the civil law system which is based on the Portuguese Civil Code and other legislation. It starts with a brief description of formalities for different types of will, stating that wills must be made in writing and to be valid and enforceable they must have the intervention of a notary. The chapter elaborates on the two types of will: common and special. In cases of intestacy, this chapter presents the order of succession: first, spouse and descendants; secondly, spouse and ancestors; thirdly, brothers and/or sisters and their descendants; fourthly, other collateral related up to the fourth degree; fifthly, the state. It argues that a person is deemed to have died intestate if he or she did not dispose (in whole or in part) of his or her property, or if the stipulations are considered null and void. Ultimately, the chapter considers compulsory legal heirs under Portuguese law. These heirs are entitled in accordance with the intestacy rules stated to a compulsory share of the inheritance. It also analyzes maintenance and the concept of community property between husband and wife and the maintenance.
Scotland
Authors: Eccles Alan
Published: June 2022

This chapter argues that Scotland has a separate and distinct legal system from that of England and Wales. The rules applying to wills and orders of succession are different from those in England and Wales. It emphasizes that Scotland is a mixed legal system owing to the impact of the civilian influence of Roman law and the role of English law. The system of property law has a strong Roman law backbone that affects the transfer of property and has impacts on succession issues. The chapter then shifts to focus on the formalities for wills set out in the Requirements of Writing (Scotland) Act 1995 (‘the 1995 Act’). In order to be valid, the 1995 Act requires any ‘will, testamentary trust disposition and settlement or codicil’ to be made by way of a written (typed or manuscript) document and to be subscribed by the testator/trix. A valid will need not be witnessed. Ultimately, this chapter explores the spouse’s entitlement to prior and legal rights and children’s entitlement to legal rights. It also reviews the compulsory provisions for spouses and children, regime for the provision of any maintenance, joint property, and community of property between spouses/civil partners or cohabitants that is taken into account when distributing the estate.