August 2006 Weddings
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European Law

Remind me to die in the States. ?You can't disinherit children here without just cause spelled out by statute (ie they are in jail or are a drug addict). ?

I have no children and yet I feel a little bitter about this. ?It's my money, why can't I give it away to some third party??

ETA: ?I resent the fact that a government could force me to give my money to an ungrateful, good-for nothing kid I might have in the future.?

Re: European Law

  • Hahaha, why can I picture some middle-aged good-for-nothing disinherited formerly-spoiled brat writing that law?

  • WTF?  That is so weird. 

    What exactly does "disinherit" actually mean, though?  Because it may not be functionally different from the way things are done in practice here.  I remember learning in my Wills class that if you want to disinherit your children, the best thing to do was to leave them a $1.  Apparently courts are way more willing to toss out a will that leaves a child nothing than one that leaves a child $1.

  • It means that, at least in the Czech Republic, you can't leave them anything less than 30%. ?(Obviously this number changes if there are more than three children).
  • imageKatie_F:
    It means that, at least in the Czech Republic, you can't leave them anything less than 30%.  (Obviously this number changes if there are more than three children).

    Interesting.  Although, in most (all?) states in the US, you can't disinherit your spouse.  You can disinherit your kids though.  I guess Europe is still much more about class/old money/blue blood type of values than this country is.  How odd.

  • Yeah, the conversation with the professor went like this:

    Me: "Are the reasons you just listed the only reasons you are allowed to disinherit a child? ?What if you just don't like them?" (Class laughs at my question)

    Prof: "That is your child, you have to like him. ?Why, is it different in your country?"

    Me: "Yes. ?The only person you can't disinherit is your spouse" (class stops laughing when they realize I'm serious).?

    ?

    ETA: They also have a weird way of dealing with joint accounts. ?The ownership of the dead person doesn't?disappear. ?The?decedent's?50% of the funds go through probate.

  • imageKatie_F:

    Yeah, the conversation with the professor went like this:

    Me: "Are the reasons you just listed the only reasons you are allowed to disinherit a child?  What if you just don't like them?" (Class laughs at my question)

    Prof: "That is your child, you have to like him.  Why, is it different in your country?"

    Me: "Yes.  The only person you can't disinherit is your spouse" (class stops laughing when they realize I'm serious). 

     

    ETA: They also have a weird way of dealing with joint accounts.  The ownership of the dead person doesn't disappear.  The decedent's 50% of the funds go through probate.

    That is amazing.  I find this sort of stuff so fascinating.  One of my favorite classes in law school was Comparative Law.  It wasn't a traditional Comp Law class focusing on just Civil versus Common.  It was more about how values shape legal codes...eg why does the US shy away from specific performance as a remedy but in other countries, it's the standard remedy.  We didn't talk about probate stuff at all, though learning this trivia now is sending my nerdy mind spinning about what these differences say about the differences in US and European values.

  • I swear the kid that sits next to me in several classes thinks I'm an idiot. ?The first day of Private Law I turned to him and asked, "What is private law?". ?I felt completely vindicated when the prof explained a few classes later that there is no distinction between public and private law in the Common Law tradition.?

    ?

    Random tidbit I learned today: downloading songs off the internet for free is not actionable in Europe. ?There is an exception to copyright law that allows you to make one copy of published copyrighted material for private use. ?As long as you don't upload anything, you are fine.?

  • imageKatie_F:

    I swear the kid that sits next to me in several classes thinks I'm an idiot.  The first day of Private Law I turned to him and asked, "What is private law?".  I felt completely vindicated when the prof explained a few classes later that there is no distinction between public and private law in the Common Law tradition. 

    So...what is private law?  Big Smile 

  • LOL. ?Now I don't feel stupid for taking a class when I had zero idea what it was about.

    ?In a civil law tradition, it's all law dealing with relationships between two or more people (as opposed to between a person and the state). ?It includes contracts, torts, IP, family law,?gratuitous?transfers, etc.?

  • imageKatie_F:

    Random tidbit I learned today: downloading songs off the internet for free is not actionable in Europe.  There is an exception to copyright law that allows you to make one copy of published copyrighted material for private use.  As long as you don't upload anything, you are fine. 

    However, I'm told if you walk around France wearing a counterfeit Louis Vuitton, you can be arrested.

  • imageMarquisDoll:
    imageKatie_F:

    Random tidbit I learned today: downloading songs off the internet for free is not actionable in Europe. ?There is an exception to copyright law that allows you to make one copy of published copyrighted material for private use. ?As long as you don't upload anything, you are fine.?

    However, I'm told if you walk around France?wearing a counterfeit Louis Vuitton, you can be arrested.

    I heard that from a French student in my class. ?The prof. said it was nonsense since the French are all about consumer protection and it goes against an EU directive. ?I'm not sure if I believe the French law student or the Czech Civil law professor, but I'm leaning towards the French girl.?

  • imageMarquisDoll:
    imageKatie_F:

    Random tidbit I learned today: downloading songs off the internet for free is not actionable in Europe. ?There is an exception to copyright law that allows you to make one copy of published copyrighted material for private use. ?As long as you don't upload anything, you are fine.?

    However, I'm told if you walk around France?wearing a counterfeit Louis Vuitton, you can be arrested.

    I heard that from a French student in my class. ?The prof. said it was nonsense since the French are all about consumer protection and it goes against an EU directive. ?I'm not sure if I believe the French law student or the Czech Civil law professor, but I'm leaning towards the French girl.?

  • imageKatie_F:
    imageMarquisDoll:
    imageKatie_F:

    Random tidbit I learned today: downloading songs off the internet for free is not actionable in Europe.  There is an exception to copyright law that allows you to make one copy of published copyrighted material for private use.  As long as you don't upload anything, you are fine. 

    However, I'm told if you walk around France wearing a counterfeit Louis Vuitton, you can be arrested.

    I heard that from a French student in my class.  The prof. said it was nonsense since the French are all about consumer protection and it goes against an EU directive.  I'm not sure if I believe the French law student or the Czech Civil law professor, but I'm leaning towards the French girl. 

    Hmm, I was told this by my professor.  Considering the French fashion design copywright laws, I'm going with my professor and the French girl as well.  ...At least I like the idea of the obnoxious bridge & tunnel chicks who shop on Canal Street getting shackled when they go to Paris. Devil

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