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Women's property rights and access to justice in India : a socio-legal ethnography of widowhood and inheritance practices in MaharashtraBates, Karine January 2005 (has links)
In India, the Hindu Succession Rights Act of 1956 allows the widow, the daughters, alongside the sons of the deceased senior male, to claim an equal share in familial property. By giving inheritance rights to daughters and widows, and not exclusively to sons, this Act proposes a radically different organization of the ideal patrilineal household, commonly referred to as "the Hindu joint family". The Act initiates a transformation of Hindu women's status through their rights to property, which implies the transformation of women's rights and duties in India. / Drawing on the analysis made during an extensive fieldwork period in a rural community and case studies in Pune tribunals, this thesis shows that women generally know that they have some rights to their father's and husband's property. However, for various reasons, they do not see any advantage in claiming their inheritance rights. Women often find it difficult to reconcile claiming rights with their duties as daughters (or daughters-in-law) and the social restrictions associated with widowhood. In addition, the complex relationships with the state bureaucracy often prevent them from their right to access property. In that context, before choosing a forum of justice, most women (and men) will first opt for conflict avoidance. / This socio-legal ethnography of women's succession rights, in the state of Maharashtra, is an anthropological contribution to the study of the dynamics of social cohesion in an environment where legal pluralism is itself in transition.
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Patterns of residence and inheritance of rural Rastafarians of JamaicaHagelin, Christopher A. January 1995 (has links)
The objective of this thesis is to examine the patterns of residence and inheritance of rural Rastafarians of Jamaica. A historical materialist perspective is used to investigate the development of the matrifocal rural peasantry and the Rastafari movement, focusing on major economic changes which laid the foundation for the present cultural patterns. Ethnographic fieldwork was carried out from January to June 1995, in which a participantobservation methodology was used to gather data concerning patterns of residence and inheritance of 22 Rastafarians. The findings demonstrated that rural Rastas have difficulty practicing their ideal patrilineal patterns due to economic and material conditions; poverty and limited access to land impose limitations on patterns of residence and inheritance. Following a period of isolation after converting to the movement, Rastas generally must return to their mother's family to gain access to land and gardens or continue to squat in the mountains on government or private land. / Department of Anthropology
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Emotional and developmental influences on the management of generational transitions by business-owning familiesDunn, Barbara Murray January 1999 (has links)
In recent years, succession has become a major theme in family business research. Much of the research effort has concentrated on the managerial dimension of succession, often subordinating the importance of other major variables such as family relationship dynamics and the form of business ownership on the succession outcome. Family enterprises are generally conceptualised as a dynamic, evolving systems in which the actions and interactions taking place amongst constituent groups determine the system's outputs. This study aimed to overcome the limitations of examining only one dimension of a system's activities by carrying out a longitudinal holistic analysis of the evolution of the family enterprise system as it went through the process of generational transition. The research for this thesis employed the multiple case study method to investigate the influence of emotional and developmental factors on the ability of business-owning families to make progress with the tasks required to complete a generational transition. Three specific issues were examined: the nature of the task environment facing the family enterprise system over the duration of the transition period; the approaches used by families to address the tasks required for them to move through the stages making up the transition process; and the extent to which emotional and developmental factors prevented or promoted progress being made with the generational transition. The results reveal that families face the same sequence of stages in the generational transition process. However, they differ in their ability to move through these stages, towards closure of the transition period and the achievement of a succession outcome, Importantly, the degree to which individuals and families are able to make progress is related to their ability to manage the anxiety generated during the transition process. Anxiety is created when the structures or network of interrelationships that hold their family enterprise system intact are evaluated and may be dismantled and reconstructed differently for the next stage in the system's development. The study supports the view that anxiety is generated during transition times when developmental pressures for change build up from changes taking place in the life-cycles underway within the family enterprise system. It also supports the view that developmental pressure (such as a crisis) from the business subsystem alone does not lead to transition task activity and progress. Progress in response to business sub-system pressure comes about when the opportunity exists to solve an ongoing adult development problem by implementing a solution to a transition task problem. The ability to manage anxiety was found to be related to both the quality of emotional functioning in the family and the extent to which the adult development agendas of both generations are in alignment. Favourable alignment brought a developmental opportunity for the individuals concerned. It allowed them to do the exploratory work required in order to assess the extent to which the family business could provide part of their life structure for the next phase of their development. However, in addition to adult development generational alignment, the study confirmed that the quality of emotional functioning in the family (their ability to overcome multigenerational patterns of functioning and behaviour) influenced the family's ability to make progress with ownership transfer and other tasks. The study concludes that emotional and developmental influences are mediating factors between the forces for change originating in the family enterprise system and its environment and the ability of those in the system to respond to the need for change and manage the transition process. It also found that families significantly underestimate the nature and complexity of the work involved in the transition process, as well as the timescale and emotional commitment required to complete the transition.
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Schadensersatz wegen entgangener Erbschaft : Zugleich ein Beitrag zum Vorrang der Zuweisung subjektiver Rechte vor der schadensersatzrechtlichen Sanktion /Hüftle, Ilka. January 1900 (has links)
Thesis--Universität Tübingen, 2007. / Includes bibliographical references (p. [203]-218) and index.
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Der Geschäftsunfähige im Sachenrecht, Immaterialgüterrecht und Reichserbhofrecht /Ernst, Carl. January 1936 (has links)
Thesis (doctoral)--Johann Wolfgang Goethe-Universität in Frankfurt a. M.
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Der Beginn der Erbfähigkeit in Fällen extrakorporaler Befruchtung : eine Untersuchung zu 1923 II BGB /Fronemann, Esther. January 2004 (has links) (PDF)
Univ., Diss.-2004--Münster, 2003. / Literaturverz. S. XII - XXX.
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Familles et patrimoines fonciers dans un canton du Haut-Saguenay depuis la fin du dix-neuvieme siecle /Girard Bouchard, Denise. January 1980 (has links)
Thèse (M.E.S.R.)-- Université du Québec à Chicoutimi, 1980. / "Thèse présentée en vue de l'obtention de la maîtrise en étude des sociétés régionales" CaQCU Document électronique également accessible en format PDF. CaQCU
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Land, law and ladies justice and gender roles in the narrative of Zelophehad's daughters /Westbrook, April. January 1997 (has links)
Thesis (M.A.)--Southern California College, 1997. / Includes bibliographical references (leaves 120-128).
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Discrimination against women under customary law in South Africa with reference to inheritance and successionMashalaba, Siyabulela Welcome January 2012 (has links)
In South Africa, it is evident that women are uniformed of their essential human rights, especially their inheritance and succession rights, including protection of such rights. Human rights are international norms that protect individuals everywhere from the states’ political, legal and social abuse. Human rights are entitlements which human beings have in order to enhance their human condition. They are the fundamental entitlements or minimum standards to be met for individual so that they live with dignity. This study focused on discrimination of women under customary law in South Africa with reference to inheritance and succession. The study validated the findings of other researchers on the impact of cultural practices on women’s rights to inheritance and succession. In addition the findings revealed that efforts t eliminate traditional practices, should foremost come from men and from communities that hold such destructive attitudes towards women. The outcomes and recommendations of this study would assist the government and other institutions to adopt effective measures to empower women and especially educate them so that they can assert and defend their human rights
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A sucessão geracional na agricultura familiar num contexto de mercantilização e modernização: um estudo em duas comunidades do Sudoeste do ParanáKischener, Manoel Adir 27 February 2015 (has links)
O novo padrão de modernização da agricultura e a mercantilização que vigora na maior parte das regiões rurais do Brasil também se faz presente no Sudoeste do Paraná. Assim, estudar a estratégia de reprodução social da agricultura familiar e sua sucessão geracional pode refletir os mesmos fatores que a condicionam nessa nova ruralidade. Neste sentido, procura-se verificar quais são os fatores que interferem na sucessão geracional da agricultura familiar e perceber o quanto a modernização da agricultura a tornou mais complexa; para tanto, partiu-se de um estudo comparativo entre duas comunidades, que demandou entrevistas com 50 famílias rurais seguidas de sessões de grupo focal. Desse estudo, percebeu-se que os fatores que favorecem a permanência dos jovens no meio rural são, principalmente, a renda, os valores de comunidade e a inclusão dos projetos de vida dos filhos nas estratégias de reprodução social da família. / The new pattern of modernization of agriculture and the commodification in force in most rural areas of Brazil is also present in the Southwest of Paraná. So, study the strategy of social reproduction of family farming and its generational succession may reflect the same factors that condition this new rurality. In this sense, looking ascertain what are the factors affecting the generational succession of the family farm and see how the modernization of agriculture to become more complex; to this end, we started with a comparative study between two communities, which required interviews with 50 rural families followed by focus group sessions. From this study, it was noted that the factors that favor the permanence of young people in rural areas are mainly income, community values and the inclusion of life projects of the children in the family social reproduction strategies.
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