bluuebunny/crossref_metadata_2025_split huggingface dataset:
Customary Mechanisms of Family Protection
Authors: Rüfner Thomas 
Published: November 2020

Abstract
Even before Roman law became a dominant factor in the development of the law, the power to dispose of one’s property by last will or testament was (re-) introduced into the law of succession in many areas of Europe. Customary law restricted the freedom of testamentary disposition to certain categories of property or to a certain share of the estate. Sometimes, dispositions were only possible with the consent of close family members. In the early-modern period, the customary rules restricting testamentary freedom were amalgamated with the complicated Roman system of family protection. By way of example, this chapter examines the development in the pays de droit coutumier of northern France, and in those parts of Central Europe which were influenced by the law of the Sachsenspiegel. In both areas, the Roman rule which required testators to leave a certain amount (the portio legitima) to close relatives was introduced during the sixteenth century while the customary restrictions were loosened. The provisions of the French Civil Code of 1804 and the Prussian General Land Law of 1794 mark the respective end-points of the developments considered. Codified French law, in keeping with the tradition of the Coutumes, restricted testamentary disposition to a certain share of the estate and reserved the remaining share for close family members. Prussian law contained a simplified version of the Roman portio legitima. Both codes betrayed a sceptical attitude towards freedom of testation, which was characteristic of the teachings of many natural lawyers.
Forced Heirship in Italy
Authors: Braun Alexandra 
Published: November 2020

Abstract
Civil law systems do not generally grant testamentary freedom without limitations. Often, the most significant constraints on the freedom to dispose of assets on death derive from legislative provisions that protect the interests of close family members by way of a forced share, even against the wishes of the deceased. These restrictions can be more or less extensive. In the case of Italy, they are significant, both in terms of how little the testator can sometimes freely dispose of, whether on death or during her lifetime, and in terms of the limited degree of autonomy with which she can modify or reduce the forced share in the estate and enter into agreements with those entitled to a forced share. This chapter provides an historical overview of forced heirship in Italy and examines its main features as well as the mechanisms that are in place to protect forced shares. It evaluates the various proposals to reform forced heirship, including proposals to abolish forced heirship altogether, none of which have been implemented. It argues that Italian law in this area is in an unsatisfactory state, for not only do forced heirship provisions impinge on a person’s freedom of testation and her freedom to make gratuitous transfers during her lifetime, they also affect the interests of donees and other third parties, ultimately hampering the free movement of goods. What is more, the provisions that are in place, including those on the calculation of the forced share and on anti-avoidance, are of considerable complexity. A reform of this area of law is therefore highly desirable.
Forced Heirship in Spain
Authors: Lapuente Sergio Cámara 
Published: November 2020

Abstract
The provisions on succession law in the Spanish Civil Code have been little amended since the enactment of the Code in 1889. At first sight they seem rather restrictive towards freedom of testation, both because of the number of possible forced heirs, and because of the substantial part of the estate to which they are entitled. However, from the outset the Civil Code contained mechanisms, such as the mejora (‘betterment’), which make this result more flexible. Later reforms have added other ways of escaping this rigidity, such as the possibility of paying the legítima in money, or confirmation that the ‘forced heir’ does not need to receive his share in the capacity of heir. This chapter explains the historical evolution during more than a millennium in which Roman and Germanic influences merged to give birth, in the nineteenth century, to an original system designed to protect the family and the intergenerational transmission of wealth based on family models. The latter have changed in modern times, with society now prioritizing emotional ties over those of pure kinship. The chapter reviews the arguments for and against the forced heirship and reports on the lively reformist debate that exists in Spain. It also highlights the extensive use in practice of certain testamentary clauses that guarantee greater freedom of testation (such as the cautela Socini) and explains the evolution of a new jurisprudence since 2014 that favours a broad interpretation of disinheritance due to emotional abuse.
Family Provision in England and Wales
Authors: Kerridge Roger 
Published: November 2020

Abstract
English law has not always applied the principle of freedom of testation. In an absolute form it dates only from 1891. Family provision legislation, based on the New Zealand model, was introduced into England and Wales in 1939 and gave the courts a discretion to award maintenance to the testator’s spouse and, in some cases, to his or her children. Subsequently, the legislation was extended and it now covers a number of different classes of claimant, as well as much greater entitlement for spouses. Although it was suggested in the 1970s that a system of fixed shares might be substituted for the discretionary family provision system, this did not happen, and the proposal seems unlikely to resurface. The present legislation is contained in the Inheritance (Provision for Family and Dependants) Act 1975 as amended. The problem areas at the present time relate to the entitlement of adult children, to the identification of dependants, and to the identification and entitlement of cohabitants. The cost of litigation in England is always a matter of concern, but in this field, where there is sometimes considerable uncertainly as to who is likely to obtain what provision, the application of the discretionary system causes some unease.
Family Provision in New Zealand and Australia
Authors: Peart Nicola , Vines Prue 
Published: November 2020

Abstract
New Zealand and Australia are named in that order in the title because New Zealand was the first to develop the discretionary family provision jurisdiction, in 1900, that now applies in New Zealand, Australia, and much of the common law world. This allows courts to make awards to family members from the estate of the deceased. Originally benefitting only the surviving spouse and children, family provision has extended the rules of eligibility in line with changes in the meaning of ‘family’. So as well as spouses, claims can also, in many of the Australasian jurisdictions, be made by civil partners, cohabitants, and same-sex partners. Most jurisdictions have also broadened the class of eligible children to include grandchildren and stepchildren who were being maintained by the deceased as well as children born of new reproductive techniques. Both New Zealand and Australia have significant indigenous populations and their eligibility to claim family provision is modified to accord with their customary law. Over time, the courts have adopted a much broader view of a deceased’s ‘moral duty’ to his or her family, particularly in regard to claims by adult children. The size of awards has increased correspondingly. The chapter discusses this development, as well as the increasing relevance of Indigenous customary law and how the courts deal with disentitling conduct. In view of the greatly expanded scope of family provision in New Zealand and Australia, testamentary freedom may be only an illusion in these jurisdictions.
Family Provision in South Africa
Authors: de Waal Marius J 
Published: November 2020

Abstract
At the time of the reception of Roman-Dutch law at the Cape in the seventeenth century, both children and the surviving spouse enjoyed sufficient protection at the death of the breadwinner (normally the father and husband): children by way of the civilian legitimate portion and the spouse by way of the matrimonial property regime of community of property prevalent in Roman-Dutch law of the time. However, after the English occupation of the Cape in the early nineteenth century this protection was slowly eroded. This happened, first, by the acceptance of the principle of freedom of testation under English influence and, secondly, by the growing popularity of ante-nuptial contracts excluding community of property. This chapter explains how family protection was gradually restored in South Africa. In the case of children, this happened by the courts awarding a maintenance claim against the deceased parent’s estate; and in the case of the surviving spouse it was by means of a statutory maintenance claim against the estate of the other spouse. South African law therefore chose the common law approach of discretionary maintenance over the civilian approach of fixed shares. The chapter sets out the respective histories of these two claims as well as their operation in modern South African law. It discusses other possible protection measures and potential avoidance mechanisms. Finally, the chapter contains a brief discussion of the position of South Africans living under African customary law and the importance of the customary law principle of ‘ubuntu’ in this context.
Mandatory Family Protection in the Civilian Tradition
Authors: Zimmermann Reinhard 
Published: November 2020

Abstract
The chapter traces the development of mandatory family protection from Roman law through the ius commune to the modern civilian codifications. The Justinianic reform of 542 ad having failed to streamline and simplify the rules of classical Roman law, it was left to the draftsmen of the codifications from the end of the eighteenth century onwards to tackle that task. Particularly influential were the French Code civil of 1804 and the Austrian Civil Code of 1811. Germany adopted the Austrian model of a ‘compulsory portion’ (ie a personal claim for the value of a part of the estate). Elsewhere the French model of ‘forced heirship’ (part of the testator’s property is reserved to his closest relatives) was extremely influential, although in modern times some of the Romanistic countries have changed from forced heirship to compulsory portion. The chapter also considers the post-socialist countries of Central and Eastern Europe, the Nordic countries, and the codifications in the Americas. A number of lines of development can be traced in comparative perspective, among them a tendency to weaken the position of the deceased’s closest family members (by granting them merely a personal claim in money rather than the position of co-heirs, by reducing the quotas to which they are entitled, and by drawing the range of the deceased’s relatives entitled to mandatory protection more narrowly). The surviving spouse’s position, on the other hand, has been strengthened. Characteristic for a number of civilian legal systems is the endeavour in various ways to render to law of mandatory family protection more flexible. The implementation of the concept of a needs-based claim for maintenance is one of the devices attesting to the quest for increased flexibility.
Comparing as (Re-)Imagining
Authors: Oklopcic Zoran 
Published: November 2020

Abstract
The chapter reflects on the question of what a Third World ‘approach’ to comparative constitutional law might ‘look’ like. What this question effectively asks is, in other words, how should we exercise our imagination. For the most part, jurists don’t consider this question, and even when they do, they don’t take it literally. In attempting to answer it, however, this chapter will do just that, in part, by trying to answer a set of accompanying questions: what else, beyond ‘perspectives’ and ‘vantage points’ is there to the practice of envisioning? What could or should be envisioned differently? How does ‘looking like’ relate to the polemical, affective, disciplinary, and rhetorical dimensions of our imaginations?
Legal Innovation as a Global Public Good
Authors: Kroncke Jedidiah J 
Published: November 2020

Abstract
How to promote broader adoption of rigorous comparative legal analysis among legal and non-legal scholars has been a traditional challenge for comparative lawyers. At the same time, historical legacies have ingrained cross-cultural presumptions about the global flows of comparative legal knowledge that warps productive learning on both sides of most traditional national asymmetries. Yet the use of legal comparison, either explicit or implicit, has only increased in recent decades, with forms of comparative legal analysis often carried out in multiple disciplines in which comparative law and comparative lawyers are, at best, incidental. This chapter confronts this issue by advancing the ideal of the comparative lawyer as indigenizer whose primary function is to make productive use of foreign legal innovation conceptualized as a global public good. The chapter first posits a thought experiment regarding ‘regulatory patents’ to consider the natural advantages of this self-interested model of comparative lawyering, and then proceeds to think through how it would work to create a more productive dialogue between countries traditionally see as being part of the Global ‘North’ and ‘South’. It then considers the individual imperatives this perspective places on comparative lawyers in their interactions with other scholars but also in their pedagogical roles in law schools which serve as key sites for reproducing unhealthy patterns regarding the production and consumption of comparative legal knowledge.
Transformative Constitutionalism as a Model for Africa?
Authors: Klug Heinz 
Published: November 2020

Abstract
While the idea of transformative constitutionalism first arose in the context of South Africa’s democratic transition to address questions related to the future of private law and old order legal personnel and institutions in the new constitutional dispensation, it has gained a much broader meaning both in South Africa and around the globe in the new millennium. This contribution reflects on the multiple meanings, uses, and criticisms of transformative constitutionalism and its suitability as a model for African constitutionalism more generally. Given contemporary challenges to constitutionalism, it argues that ensuring the continued functioning of democracy is as significant a dimension of transformative constitutionalism as the enforcement of social rights. It ultimately suggests that we should conceive of transformative constitutionalism as providing a conceptual arena in which to develop a socio-legal understanding of how any specific constitutional order emerges and use it as a yardstick to judge and critique the role of constitutions in advancing the cause of social justice.
Growth Strategies to Avoid the Middle-Income Trap
Authors: Kharas Homi , Gill Indermit 
Published: November 2020

Abstract
Since the authors of this chapter coined the term in 2006, “the middle-income trap” has been the subject of scores of investigations. The evidence in support of its existence has been mixed, but their original proposition was that of the possibility of a trap, not its inevitability. In this chapter, they emphasize the absence of a functional theory of economic growth in middle-income economies. Solow–Swan models did well to explain growth in low-income countries, and Lucas–Romer models emphasizing endogenous technical change identified the main drivers of growth in advanced economies. Neither class of models has, however, satisfactorily explained successful transitions from one type of growth to the other. The authors suggest that Schumpeterian models proposed by Aghion, Howitt, and others that stress creative destruction and institutional change provide the analytical foundations for a better understanding of growth in middle-income economies. They present evidence that is consistent with the predictions of this approach, and discuss its policy implications.
Innovation and the Three Detours for Economic Growth beyond the Middle-Income Stage
Authors: Lee Keun 
Published: November 2020

Abstract
This chapter begins by acknowledging the differences in the economic growth mechanisms employed by advanced economies and latecomer economies at middle- or lower-income stages and by highlighting a very “narrow passage” between these countries. The chapter explains the nature of the narrow passage in terms of three detours. The first detour is promoting imitative innovations in the form of petit patents and trademarks instead of trying to promote a high level of IPR protection, including patent rights. The second detour is first promoting domestic value-added and reducing a country’s reliance on GVCs before an economy is fully coupled with GVCs. The third detour is specializing in short-cycle technology-based sectors instead of trying to directly enter long-cycle technology-based sectors/segments. While the consolidation of technological capabilities has long been suggested as a vital requirement for economic catch-up, this chapter shows that such consolidation must be carefully designed and implemented.
Is There an Institutional Trap in MICs?
Authors: Alonso José Antonio 
Published: November 2020

Abstract
As countries progress, they require more complex institutions; however, economic and institutional processes frequently do not evolve at the same pace, as institutions are subject to greater inertia. This problem is particularly relevant in middle-income countries (MICs), as these countries experience episodes of intense economic growth. Therefore, the absence of institutional change can be a cause of a middle-income trap (MIT). The chapter discusses the criteria that define institutional quality, and examines the various ways in which institutional change occurs. Empirical exploration reveals the existence of two anomalous behaviors in middle-income regions: excessive institutional fluidity in Latin America and, in contrast, an excessive institutional stickiness in MENA. Based on prior works, the author explores the macro determinants of institutional quality. His results suggest that per capita income, tax revenue, redistribution (rather than mere inequality), education, and international openness all appear to be strong determinants of institutional quality.
Centripetal Politics and Institution Building in Exiting the Middle-Income Trap
Authors: Doner Richard , Schneider Ross 
Published: November 2020

Abstract
The policies and institution building needed to overcome the middle-income trap are costly, lengthy, and difficult. At the same time, major social groups in many middle-income countries are fragmented—especially in terms of business and labor—impeding and complicating coalition building. This chapter looks first at these disarticulation politics and how they affect outcomes such as low taxation, and then turns to some exceptional cases of centripetal politics and coalition building in quality infrastructure (testing and research centers) in Asia and vocational and technical education in Turkey and Latin America.
Citizens’ Rising Expectations
Authors: Pezzini Mario 
Published: November 2020

Abstract
Middle-income countries (MICs) face a number of challenges in responding to the increasing demand for public goods, including an institutional development trap that prevents effective domestic resource mobilization. This chapter starts by outlining these challenges, also providing an overview of existing sources of domestic resources in MICs. It then goes on to explore avenues and mechanisms for MICs to increase domestic revenues. These include building resilience to tax evasion and avoidance, enhancing tax structures and better navigating the political economy of fiscal reform. To achieve more effective domestic resource mobilization in MICs, the chapter ends with two proposals: redefining national development strategies aimed at rebuilding people’s trust. This includes ensuring quality spending, and strengthening an international cooperation system that helps countries build their institutional capacities by fighting tax avoidance and evasion.
Employment and Labor Markets in MICs
Authors: Hoeven Rolph Van Der 
Published: November 2020

Abstract
Fostering (formal) employment has been one of the most effective ways to reduce poverty and (until recently) inequality. However various MICs are undergoing, for internal and external reasons, a process of premature de-industrialization. After discussing various interpretations of the informal sector and economy it analyses how economic growth and labor markets in MICs have been evolving in three distinct geographical regions. It points to the need for stronger adoption of managed national and international demand-led growth with the good labor market policies that characterized several of the fast-growing MICs. A productive transformation from commodity production to higher value-added activities is at the heart of the transition and a key factor is the development of domestic innovation capabilities moving up the value chain on a broad enough basis to generate sustained productivity growth that is equally distributed.
The Disruptive Role of MICs in the Development Cooperation System
Authors: Alonso José Antonio , Glennie Jonathan 
Published: November 2020

Abstract
The emergence of middle-income countries (MICs) has increased the complexity of the international system and opened the space to a more comprehensive and universal development agenda. Additionally, through their role as providers of South–South cooperation (SSC), MICs have broken the strict donor/recipient duality that has characterized development cooperation policy and have widened the options for poor countries to receive international support. The chapter discusses the new theoretical foundations on which the development cooperation system should be based, as well as the new boundaries in which this policy should be deployed. Based on these changes, the chapter sheds some light on the role that MICs can play in the new development cooperation system, considering their dual role, as recipients and providers, as well as the implications that this engagement has for the rules, standards, and governance of the cooperation system.
Global Value Chains, Preferential Trade, and the Middle-Income Trap
Authors: Baumann Renato 
Published: November 2020

Abstract
After a period of rapid growth, developing countries often experience a slowdown in growth and productivity, falling into what has come to be known as the “‘middle-income trap.” Production chains in East Asia, North America, and Western Europe have imposed a new model of production. Participating in global value chains became a policy issue. Market friendly trade policies—be it multilateral reductions of tariff and non-tariff barriers or preferential trade agreements with selected economies—are an essential part of this model. The relationship between value chains and regional integration has gained momentum, partly because participation in value chains is identified as a source of competitiveness, much needed for economies facing the middle-income trap. The relationship between preferential trade and participation in value chains as a means to deal with the middle-income trap is the subject of this chapter.