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Legitime
In Civil law (legal system), civil law and Roman law, the legitime (''legitima portio''), also known as a forced_heirship, forced share or legal right share, of a decedent's estate (law), estate is that portion of the estate from which he cannot disinherit his children, or his parents, without sufficient legal cause. The word comes from French language, French ''héritier légitime'', meaning "rightful heir." The legitime is usually a statute, statutory fraction of the decedent's gross estate and passes as joint property to the decedent's next-of-kin in equal undivided shares. The legitime cannot be infringed in order to give a spouse or other beneficiary a greater share of the estate. Therefore, when a decedent has children and leaves a will_(law), will, it is unlawful for the testator to override the legitime by special gift which exhausts the estate or by designating his spouse or other person as sole beneficiary. This is known as ''preterition'' when arising by omission and ''d ...
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Forced Heirship
Forced heirship is a form of testate partible inheritance which mandates how the deceased's estate (law), estate is to be disposed and which tends to guarantee an inheritance for family of the deceased. In forced heirship, the estate of a deceased (''de cujus'') is separated into two portions. (1) An indefeasible portion, the ''forced estate'' (German language, Germ ''Pflichtteil'', French language, Fr ''réserve'', Italian language, It, ''legittima'', Spanish language, Sp and Portuguese language, Pt ''legítima''), passing to the deceased's next-of-kin (''conjunctissimi''). (2) A discretionary portion, or ''free estate'' (Germ ''frei verfügbare Quote'', Fr ''quotité disponible'', It ''quota disponible'', Sp ''tercio de libre disposición'', Pt ''quota disponível''), to be freely disposed of by Will (law), will. Forced heirship is generally a feature of civil law (legal system), civil-law legal systems which do not recognize total freedom of testation, in contrast with common l ...
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Forced Heirship
Forced heirship is a form of testate partible inheritance which mandates how the deceased's estate (law), estate is to be disposed and which tends to guarantee an inheritance for family of the deceased. In forced heirship, the estate of a deceased (''de cujus'') is separated into two portions. (1) An indefeasible portion, the ''forced estate'' (German language, Germ ''Pflichtteil'', French language, Fr ''réserve'', Italian language, It, ''legittima'', Spanish language, Sp and Portuguese language, Pt ''legítima''), passing to the deceased's next-of-kin (''conjunctissimi''). (2) A discretionary portion, or ''free estate'' (Germ ''frei verfügbare Quote'', Fr ''quotité disponible'', It ''quota disponible'', Sp ''tercio de libre disposición'', Pt ''quota disponível''), to be freely disposed of by Will (law), will. Forced heirship is generally a feature of civil law (legal system), civil-law legal systems which do not recognize total freedom of testation, in contrast with common l ...
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Civil Code Of The Philippines
The Civil Code of the Philippines is the product of the codification of private law in the Philippines. It is the general law that governs family and property relations in the Philippines. It was enacted in 1950, and remains in force to date with some significant amendments. History The Philippine Civil Code is strongly influenced by the Spanish Civil Code, which was first enforced in 1889 within the Philippines when it was still a colony of the Spanish Empire. The ''Código Civil'' remained in effect even throughout the American Occupation; by 1940, the Commonwealth Government of President Manuel Luis Quezon formed a Commission tasked with drafting a new Code. The Commission was initially headed by Chief Justice Ramón Avanceña, but its work was interrupted by the Japanese invasion and the Second World War. The Commission's records were later destroyed by Allied bombing during the Battle of Manila in 1945. In 1947, President Manuel Roxas of the Third Republic created ...
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Civil Law (legal System)
Civil law is a legal system originating in mainland Europe and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law, and with core principles codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the law in common law systems historically came from uncodified case law that arose as a result of judicial decisions, recognising prior court decisions as legally-binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the ''Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feudal, and local practices, as well as doctrinal strains such as natural law, codification, and legal positivism. Conceptually, civil law proceeds from abstractions, formulates general principles, and ...
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The Balance (website)
The Balance is an American website focused on simplifying personal finance topics and news. Headquartered in New York City, The Balance is part of the Dotdash Meredith family of websites. The Balance currently reaches 19 million Unique user, unique viewers in the US each month. History The Balance grew out of the financial content written for the website About.com, which was launched in 1996. The site was re-launched as a stand-alone personal finance vertical with updated content from About.com, as well as new content, on September 6, 2016. The site was the second of five vertical sites launched from the content that had comprised About.com by Dotdash, the rebranded About.com entity. Website While Dotdash launched all of its brands with a graphics-heavy design scheme, The Balance's is more restrained to "reflect the weightiness of the topic," according to Dotdash CEO Neil Vogel. At launch, The Balance featured more than 34,000 pieces of content written by 70 contributors. ...
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Scots Law Legal Terminology
Scots usually refers to something of, from, or related to Scotland, including: * Scots language, a language of the West Germanic language family native to Scotland * Scots people, a nation and ethnic group native to Scotland * Scoti, a Latin name for the Gaels * SCOTS, abbreviation for Royal Regiment of Scotland * Scottish Corpus of Texts and Speech (SCOTS), a linguistic resource See also * Southern Culture on the Skids (SCOTS), an American rock band * Scot's Lo-Cost, a grocery store owned by Weis Markets * Scotch (other) * Scots Church (other) * Scots College (other) * Scott's (other) * Scottish (other) * Scotts (other) * Pound Scots, historical currency * Scots pine ''Pinus sylvestris'', the Scots pine (UK), Scotch pine (US) or Baltic pine, is a species of tree in the pine family Pinaceae that is native to Eurasia. It can readily be identified by its combination of fairly short, blue-green leaves and orang ..., a speci ...
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Inheritance
Inheritance is the practice of receiving private property, Title (property), titles, debts, entitlements, Privilege (law), privileges, rights, and Law of obligations, obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Officially bequest, bequeathing private property and/or debts can be performed by a testator via will (law), will, as attested by a notary or by other lawful means. Terminology In law, an ''heir'' is a person who is entitled to receive a share of the decedent, deceased's (the person who died) property, subject to the rules of inheritance in the jurisdiction of which the deceased was a citizen or where the deceased (decedent) died or owned property at the time of death. The inheritance may be either under the terms of a will or by intestate laws if the deceased had no will. However, the will must comply with the laws of the jurisdiction at the time it was created or it will be declared invalid ( ...
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Property Law
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property. Property can be exchanged through contract law, and if property is violated, one could sue under tort law to protect it. The concept, idea or philosophy of property underlies all property law. In some jurisdictions, historically all property was owned by the monarch and it devolved through feudal land tenure or other feudal systems of loyalty and fealty. History Though the Napoleonic code was among the first government acts of modern times to introduce the notion of absolute ownership into statute, protection of personal property rights was present in medieval Islamic law and jurisprudence, and in more feudalist forms in the common law courts of medieval and early modern England. Theory The word ''property'', in everyday ...
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Scots Language
Scots ( endonym: ''Scots''; gd, Albais, ) is an Anglic language variety in the West Germanic language family, spoken in Scotland and parts of Ulster in the north of Ireland (where the local dialect is known as Ulster Scots). Most commonly spoken in the Scottish Lowlands, Northern Isles and northern Ulster, it is sometimes called Lowland Scots or Broad Scots to distinguish it from Scottish Gaelic, the Goidelic Celtic language that was historically restricted to most of the Scottish Highlands, the Hebrides and Galloway after the 16th century. Modern Scots is a sister language of Modern English, as the two diverged independently from the same source: Early Middle English (1150–1300). Scots is recognised as an indigenous language of Scotland, a regional or minority language of Europe, as well as a vulnerable language by UNESCO. In the 2011 United Kingdom census, 2011 Scottish Census, over 1.5 million people in Scotland reported being able to speak Scots. As there are ...
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Scotland
Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the north and west, the North Sea to the northeast and east, and the Irish Sea to the south. It also contains more than 790 islands, principally in the archipelagos of the Hebrides and the Northern Isles. Most of the population, including the capital Edinburgh, is concentrated in the Central Belt—the plain between the Scottish Highlands and the Southern Uplands—in the Scottish Lowlands. Scotland is divided into 32 administrative subdivisions or local authorities, known as council areas. Glasgow City is the largest council area in terms of population, with Highland being the largest in terms of area. Limited self-governing power, covering matters such as education, social services and roads and transportation, is devolved from the Scott ...
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Louisiana Constitution
The Louisiana Constitution is legally named the Constitution of the State of Louisiana and commonly called the Louisiana Constitution of 1974, and the Constitution of 1974. The constitution is the cornerstone of the law of Louisiana ensuring the rights of individuals, describing the distribution and power of state officials and local government, establishes the state and city civil service systems, creates and defines the operation of a state lottery, and the manner of revising the constitution. Louisiana's constitution was adopted (adopted in Convention) during the Constitutional Convention in 1974, ratified by the voters of the state on April 20, 1974, and became effective on January 1, 1975. History The beginning of statehood for Louisiana began with the Louisiana Purchase in 1803. In 1804, the land the United States purchased from France was divided in two territories: 1) the Louisiana Territory (upper territory) and 2) the area below the 33rd parallel (current Louisiana-A ...
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Louisiana Law
Law in the state of Louisiana is based on a more diverse set of sources than the laws of the other 49 states of the United States. Private law—that is, substantive law between private sector parties, principally contracts and torts—has a civil law character, based on French and Spanish codes and ultimately Roman law, with some common law influences. Louisiana's criminal law largely rests on American common law. Louisiana's administrative law is generally similar to the administrative law of the federal government and other states. Louisiana's procedural law is generally in line with that of other U.S. states, which in turn is generally based on the U.S. Federal Rules of Civil Procedure. Sources Legislation The '' Louisiana Revised Statutes'' (R.S.) contain a very significant amount of legislation, arranged in titles or codes. Apart from this, the Louisiana Civil Code' forms the core of private law, the Louisiana Code of Civil Procedure' (C.C.P.) governs civil proc ...
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