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Legal History Of Wills
Wills have a lengthy history. Ancient Greece The Ancient Greek practice concerning wills was not the same in all places; some states permitted men to dispose of their estates, others wholly deprived them of that privilege. According to Plutarch, Solon "is much commended for his law concerning wills; for before his time no man was allowed to make any, but all the wealth of deceased persons belonged to their families; but he permitted them to bestow it on whom they pleased, esteeming friendship a stronger tie than kindred, and affection than necessity, and thus put every man's estate in the disposal of the possessor; yet he allowed not all sorts of wills, but required the following conditions in all persons that made them: #That they must be citizens of Athens, not slaves, or foreigners, for then their estates were confiscated for the public use. #That they must be men who have arrived to twenty years of age, for women and men under that age were not permitted to dispose by will ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Will (law)
A will and testament is a legal document that expresses a person's (testator) wishes as to how their property ( estate) is to be distributed after their death and as to which person ( executor) is to manage the property until its final distribution. For the distribution (devolution) of property not determined by a will, see inheritance and intestacy. Though it has been thought a "will" historically applied only to real property, while "testament" applied only to personal property (thus giving rise to the popular title of the document as "last will and testament"), records show the terms have been used interchangeably. Thus, the word "will" validly applies to both personal and real property. A will may also create a testamentary trust that is effective only after the death of the testator. History Throughout most of the world, the disposition of a dead person's estate has been a matter of social custom. According to Plutarch, the written will was invented by Solon. Originally ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Viva Voce
''Viva voce'' is a Latin phrase literally meaning "with living voice" but most often translated as "by word of mouth." It may refer to: *Word of mouth *A voice vote in a deliberative assembly *An oral exam ** Thesis defence, in academia *Spoken evidence Evidence for a proposition is what supports the proposition. It is usually understood as an indication that the proposition is truth, true. The exact definition and role of evidence vary across different fields. In epistemology, evidence is what J ... in law * Viva Voce (band), an American indie rock band {{disambig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Soldier
A soldier is a person who is a member of an army. A soldier can be a Conscription, conscripted or volunteer Enlisted rank, enlisted person, a non-commissioned officer, a warrant officer, or an Officer (armed forces), officer. Etymology The word ''soldier'' derives from the Middle English word , from Old French or , meaning mercenary, from , meaning shilling's worth or wage, from or , shilling. The word is also related to the Medieval Latin , meaning soldier (). These words ultimately derive from the Late Latin word , referring to an Ancient Rome, ancient Roman coin used in the Byzantine Empire. Occupational and other designations In most armies, the word "soldier" has a general meaning that refers to all members of an army, distinct from more specialized military occupations that require different areas of knowledge and skill sets. "Soldiers" may be referred to by titles, names, Nickname, nicknames, or Acronym, acronyms that reflect an individual's military occupation spec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Greek Language
Greek (, ; , ) is an Indo-European languages, Indo-European language, constituting an independent Hellenic languages, Hellenic branch within the Indo-European language family. It is native to Greece, Cyprus, Italy (in Calabria and Salento), southern Albania, and other regions of the Balkans, Caucasus, the Black Sea coast, Asia Minor, and the Eastern Mediterranean. It has the list of languages by first written accounts, longest documented history of any Indo-European language, spanning at least 3,400 years of written records. Its writing system is the Greek alphabet, which has been used for approximately 2,800 years; previously, Greek was recorded in writing systems such as Linear B and the Cypriot syllabary. The Greek language holds a very important place in the history of the Western world. Beginning with the epics of Homer, ancient Greek literature includes many works of lasting importance in the European canon. Greek is also the language in which many of the foundational texts ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Latin
Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area around Rome, Italy. Through the expansion of the Roman Republic, it became the dominant language in the Italian Peninsula and subsequently throughout the Roman Empire. It has greatly influenced many languages, Latin influence in English, including English, having contributed List of Latin words with English derivatives, many words to the English lexicon, particularly after the Christianity in Anglo-Saxon England, Christianization of the Anglo-Saxons and the Norman Conquest. Latin Root (linguistics), roots appear frequently in the technical vocabulary used by fields such as theology, List of Latin and Greek words commonly used in systematic names, the sciences, List of medical roots, suffixes and prefixes, medicine, and List of Latin legal terms ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Remedy
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual. In common law jurisdictions and mixed civil-common law jurisdictions, the law of remedies distinguishes between a legal remedy (e.g. a specific amount of monetary damages) and an equitable remedy (e.g. injunctive relief or specific performance). Another type of remedy available in these systems is declaratory relief, where a court determines the rights of the parties to action without awarding damages or ordering equitable relief. The type of legal remedies to be applied in specific cases depend on the nature of the wrongful act and its liability. In international human rights law, there is a right to an effective remedy. In the legal system of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Witness
In law, a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, either oral or written, of what they know or claim to know. A witness might be compelled to provide testimony in court, before a grand jury, before an administrative tribunal, before a deposition officer, or in a variety of other legal proceedings. A subpoena is a legal document that commands a person to appear at a proceeding. It is used to compel the testimony of a witness in a trial (law), trial. Usually, it can be issued by a judge or by the lawyer representing the plaintiff or the defendant in a civil trial or by the prosecutor or the defense attorney in a Criminal procedure, criminal proceeding, or by a government agency. In many jurisdictions, it is compulsory to comply with the subpoena and either take an oath or solemnly Affirmation in law, affirm to testify truthfully under penalty of perjury. Although informally a witness includes whoever perceived the event, in l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court
A court is an institution, often a government entity, with the authority to adjudicate legal disputes between Party (law), parties and Administration of justice, administer justice in Civil law (common law), civil, Criminal law, criminal, and Administrative law, administrative matters in accordance with the rule of law. Courts generally consist of Judge, judges or other judicial officers, and are usually established and dissolved through legislation enacted by a legislature. Courts may also be established by constitution or an equivalent constituting instrument. The practical authority given to the court is known as its jurisdiction, which describes the court's power to decide certain kinds of questions, or Petition, petitions put to it. There are various kinds of courts, including trial courts, appellate courts, administrative courts, international courts, and tribunals. Description A court is any person or institution, often as a government institution, with the authori ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Testamentary Capacity
In the common law tradition, testamentary capacity is the legal term of art used to describe a person's legal and mental ability to make or alter a valid will. This concept has also been called sound mind and memory or disposing mind and memory. Presumption of capacity Adults are presumed to have the ability to make a will. Litigation about testamentary capacity typically revolves around charges that the testator, by virtue of senility, dementia, insanity, or other unsoundness of mind, lacked the mental capacity to make a will. In essence, the doctrine requires those who would challenge a validly executed will to demonstrate that the testator did not know the consequence of their conduct when they executed the will. Certain people, such as minors, are usually deemed to be conclusively incapable of making a will by the common law; however, minors who serve in the military are conceded the right to make a will by statute in many jurisdictions. In South Africa, however, on ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justinian I
Justinian I (, ; 48214 November 565), also known as Justinian the Great, was Roman emperor from 527 to 565. His reign was marked by the ambitious but only partly realized ''renovatio imperii'', or "restoration of the Empire". This ambition was expressed by the partial recovery of the territories of the defunct Western Roman Empire. His general, Belisarius, swiftly conquered the Vandal Kingdom in North Africa. Subsequently, Belisarius, Narses, and other generals Gothic War (535–554), conquered the Ostrogothic Kingdom, restoring Dalmatia, Sicily, Italian peninsula, Italy, and Rome to the empire after more than half a century of rule by the Ostrogoths. The Liberius (praetorian prefect), praetorian prefect Liberius reclaimed the south of the Iberian Peninsula, establishing the province of Spania. These campaigns re-established Roman control over the western Mediterranean, increasing the Empire's annual revenue by over a million ''solidi''. During his reign, Justinian also subdued ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fideicommissum
A is a type of bequest in which the beneficiary is encumbered to convey parts of the decedent's estate to someone else. For example, if a father leaves the family house to his firstborn, on condition that they will bequeath it to their first child. It was one of the most popular legal institutions in ancient Roman law for several centuries. The word is a conjunction of the Latin words ("to/for trust"), dative singular of '' fides'' ("trust") and ("left"), nominative neuter singular perfect past participle of ''committo'' ("to leave, bequeath, commit"), it thus denotes that something is committed to one's trust. Text and translation Exegesis This fragment dates to the reign of Caesar Augustus, who first decreed certain requirements for the institution of the . The institution itself was first mentioned in 200 BC by Terence in '' Andria'', 290–98: "". It functioned thus: the testator nominated an heir to act as , entrusted with devising the inheritance to a beneficiary ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gaius (jurist)
Gaius (; ''floruit, fl.'' AD 130–180) was a Roman Empire, Roman jurist. Little is known about his personal life, including his name (Gaius or Caius being merely his personal name (''Roman naming conventions, praenomen'')). It is also difficult to ascertain the span of his life, but it is assumed he lived from AD 130 to at least AD 179, as he wrote on legislation passed within that time. From internal evidence in his works it may be gathered that he flourished in the reigns of the emperors Hadrian, Antoninus Pius, Marcus Aurelius and Commodus. His works were thus composed between the years 130 and 180. After his death, however, his writings were recognized as of great authority, and the emperor Theodosius II named him in the ''Law of Citations,'' along with Papinian, Ulpian, Herennius Modestinus, Modestinus and Julius Paulus, Paulus, as one of the five jurists whose opinions were to be followed by judicial officers in deciding cases. The works of these jurists accordingly beca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
