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The paper aims to study the relationship between the contractual instrument and the law of succession, so as to be able to identify the categories in which the general figure of the contract for inheritance purposes currently appears to be declined. It initially starts from the analysis of the 'prohibitions' of succession agreements pursuant to art. 458 of the Italian Civil Code, to then move the examination to the categories of 'alternative instruments to the will' and of the exceptionally permitted 'shops mortis causa' (other than the will) (i.e. the first two forms in which the broad genus of the contract is currently expressed successfully finalized). The institution of the 'family pact' (articles 768-bis and following of the Italian Civil Code) is discussed below, a figure attributable to the phenomenon of 'anticipated succession' (constituting the 'third configuration' of the category of contracts for inheritance purposes). Having clarified the disciplinary profiles as well as the systematic framework of the institute, the analysis then focuses on the relationship between the aforementioned contract and the scope of the 'necessary succession'. The concluding part of the paper contains the prospect of a plurality of application models of the category of anticipated succession; additional and distinct innovative models with respect to the current formulation of Articles 768-bis ff. cc, which therefore allow the interpreter to glimpse, from a de iure condendo perspective, the possible lines of development both of the contractualisation for succession purposes and of the necessary succession.
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The book aims to study the relationship between the contractual instrument and succession law, in order to identify the categories into which the general device of the succession contract currently seems to be divided. The book starts from an analysis of the 'bans' on succession settlements as per art. 458 of the Italian Civil Code, before going on to examine the categories of 'alternative instruments to wills' and 'exceptionally admitted mortis causa deeds (other than wills)' (that is, the first two forms taken on by the wide-ranging genus of contracts for the purpose of succession). Then it deals with the institution of the 'family settlement' (articles 768-bis of the Italian Civil Code), a device which can be traced back to the phenomenon of 'anticipated succession' (constituting the 'third form' of contracts for the purpose of succession). Having clarified the regulations as well as giving a systematic outline of the institution, the analysis then concentrates on the relationship between the aforesaid contract and the sphere of 'necessary succession'. The concluding part of the book contains an outline of a set of applicative models for the category of anticipated succession; additional innovative models distinct from the current formulation in articles 768-bis et seq. of the Italian Civil Code, which therefore enable the interpreter to make out, from a de jure condendo perspective, the possible lines of development both of contracts for the purpose of succession and for necessary succession.
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The book aims to study the relationship between the contractual instrument and succession law, in order to identify the categories into which the general device of the succession contract currently seems to be divided. The book starts from an analysis of the 'bans' on succession settlements as per art. 458 of the Italian Civil Code, before going on to examine the categories of 'alternative instruments to wills' and 'exceptionally admitted mortis causa deeds (other than wills)' (that is, the first two forms taken on by the wide-ranging genus of contracts for the purpose of succession). Then it deals with the institution of the 'family settlement' (articles 768-bis of the Italian Civil Code), a device which can be traced back to the phenomenon of 'anticipated succession' (constituting the 'third form' of contracts for the purpose of succession). Having clarified the regulations as well as giving a systematic outline of the institution, the analysis then concentrates on the relationship between the aforesaid contract and the sphere of 'necessary succession'. The concluding part of the book contains an outline of a set of applicative models for the category of anticipated succession; additional innovative models distinct from the current formulation in articles 768-bis et seq. of the Italian Civil Code, which therefore enable the interpreter to make out, from a de jure condendo perspective, the possible lines of development both of contracts for the purpose of succession and for necessary succession.
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The paper aims to study the relationship between the contractual instrument and the law of succession, so as to be able to identify the categories in which the general figure of the contract for inheritance purposes currently appears to be declined. It initially starts from the analysis of the 'prohibitions' of succession agreements pursuant to art. 458 of the Italian Civil Code, to then move the examination to the categories of 'alternative instruments to the will' and of the exceptionally permitted 'shops mortis causa' (other than the will) (i.e. the first two forms in which the broad genus of the contract is currently expressed successfully finalized). The institution of the 'family pact' (articles 768-bis and following of the Italian Civil Code) is discussed below, a figure attributable to the phenomenon of 'anticipated succession' (constituting the 'third configuration' of the category of contracts for inheritance purposes). Having clarified the disciplinary profiles as well as the systematic framework of the institute, the analysis then focuses on the relationship between the aforementioned contract and the scope of the 'necessary succession'. The concluding part of the paper contains the prospect of a plurality of application models of the category of anticipated succession; additional and distinct innovative models with respect to the current formulation of Articles 768-bis ff. cc, which therefore allow the interpreter to glimpse, from a de iure condendo perspective, the possible lines of development both of the contractualisation for succession purposes and of the necessary succession.
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The paper aims to study the relationship between the contractual instrument and the law of succession, so as to be able to identify the categories in which the general figure of the contract for inheritance purposes currently appears to be declined. It initially starts from the analysis of the 'prohibitions' of succession agreements pursuant to art. 458 of the Italian Civil Code, to then move the examination to the categories of 'alternative instruments to the will' and of the exceptionally permitted 'shops mortis causa' (other than the will) (i.e. the first two forms in which the broad genus of the contract is currently expressed successfully finalized). The institution of the 'family pact' (articles 768-bis and following of the Italian Civil Code) is discussed below, a figure attributable to the phenomenon of 'anticipated succession' (constituting the 'third configuration' of the category of contracts for inheritance purposes). Having clarified the disciplinary profiles as well as the systematic framework of the institute, the analysis then focuses on the relationship between the aforementioned contract and the scope of the 'necessary succession'. The concluding part of the paper contains the prospect of a plurality of application models of the category of anticipated succession; additional and distinct innovative models with respect to the current formulation of Articles 768-bis ff. cc, which therefore allow the interpreter to glimpse, from a de iure condendo perspective, the possible lines of development both of the contractualisation for succession purposes and of the necessary succession.
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The book aims to study the relationship between the contractual instrument and succession law, in order to identify the categories into which the general device of the succession contract currently seems to be divided. The book starts from an analysis of the 'bans' on succession settlements as per art. 458 of the Italian Civil Code, before going on to examine the categories of 'alternative instruments to wills' and 'exceptionally admitted mortis causa deeds (other than wills)' (that is, the first two forms taken on by the wide-ranging genus of contracts for the purpose of succession). Then it deals with the institution of the 'family settlement' (articles 768-bis of the Italian Civil Code), a device which can be traced back to the phenomenon of 'anticipated succession' (constituting the 'third form' of contracts for the purpose of succession). Having clarified the regulations as well as giving a systematic outline of the institution, the analysis then concentrates on the relationship between the aforesaid contract and the sphere of 'necessary succession'. The concluding part of the book contains an outline of a set of applicative models for the category of anticipated succession; additional innovative models distinct from the current formulation in articles 768-bis et seq. of the Italian Civil Code, which therefore enable the interpreter to make out, from a de jure condendo perspective, the possible lines of development both of contracts for the purpose of succession and for necessary succession.
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"Cities today are increasingly at the forefront of the environmental and social crisis, and are both a major cause but also a potential solution. Across the world a new wave of urban social movements are arising: movements fighting hostile immigration policies, misogynistic culture, ecological devastation, and social exclusion; movements building economic, social, and political alternatives based on solidarity, equality and participation."--
Sociology of environment --- Human ecology. Social biology --- urban sociology --- human ecology --- Sociology, Urban
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