Thesis (LL. D.)--University of London. / Includes bibliographical references and index.

Thesis (M. Hous. M.)--University of Hong Kong, 2008. / Includes bibliographical references.

Thesis (doctoral)--Universität Breslau.

Freedom of testation is distinct from the right of a testator to nominate the executor of his choosing. Regulation 910 allows for the administration of deceased estates by the surviving spouse, person related by consanguinity to the deceased, or persons nominated as executor in a will. It will be purely incidental if such person has any idea how to administer an estate. Chief Master’s Directive 20 of 2015 further provides that the Master may not insist on the appointment of an agent to assist the executor where a person was nominated as such in a will, consequently leaving the estate to be administered by a layperson. The Courts have hinted towards the need for a figure such as the independent executor. An independent executor is a person who has no conflict between his own interests and his interests as an executor. Although a testator has the freedom to nominate an executor in terms of the Administration of Estates Act, such a nomination is distinct from the right to freedom of testation. If the legislator were to intervene by amending the law to only permit for independent outsiders to administer deceased estates, this will not be a limitation on the right to freedom of testation. Furthermore, an independent outsider as trustee in family trusts is a requirement. It is argued that the same should be implemented with appointing executors. The Master has enacted forms that must be lodged by trustees to determine whether a trustee is an independent outsider. Similar forms do not exist for the appointment of executors, but should be required. This dissertation works toward the recommendation that the legislator needs to intervene to permit only independent outsiders as executors. The Master must be put in a position whereby he can proactively determine whether a person is an independent outsider, rather than having to remove an executor after receiving a complaint by an aggrieved party. Such an independent executor must then be assisted by a professional person with the necessary skills and knowledge to administer an estate, thereby protecting the interests of the estate. / Mini Dissertation (LLM)--University of Pretoria, 2019. / Private Law / LLM / Unrestricted

Thesis (B.Sc)--University of Hong Kong, 2004. / Includes bibliographical references (p. 97-101)

Thèse--Faculté de droit de Paris. / "Principaux ouvrages à consulter": p. [5]-6.

The diploma thesis evaluates the current state of the physical environment of the housing estates in Česká Lípa. It is focused on the process revitalization of the blocks of flats and public areas and clarifies the mechanisms of differentiation of individual housing estates from this point of view and the role of actors. The work combines quantitative and qualitative research methods. The theoretical part deals with the causes of revitalization and the factors that affect it, as well as the history of housing estates construction, especially in the Czech Republic and in major countries in Europe. The empirical part of the work is devoted to mapping the current state of the physical environment and the revitalization projects of housing estates at the level of individual prefabricated houses and public spaces. Relevant data that can have an effect on the revitalization process (history of construction of prefabricated housing estates in Česká Lípa, development and current state of ownership structure of houses, data on the structure of population and housing stock) are identified. The diploma thesis also uses information from the structured interviews with representatives of the main actors of development. It proved to be a decisive influence of the type of ownership on the successful...

The Mineral and Petroleum Resources Development Act introduced a new mining law dispensation. This Act has implications for mineral right holders. Up to 1 May 2004, the right to prospect or mine vested in the holder of the mineral right concerned under the system of private ownership as set out in the Minerals Act 50 of 1991. The 2002 Act which is premised on the principle that minerals as a natural resource are part of the natural heritage of all South Africans, eliminates the concept of private ownership of mineral rights and vests the right to prospect or mine exclusively in the state. Mineral rights were always assets in the estate of a person and were handled in the administration of the estate. The question is whether mineral rights and royalties are still assets of the estate under the 2002 Act. New applicants under the 2002 Act will have to apply directly to the state for the right to prospect and mine, regardless of the identity of the previous holder of the relevant right. Holders of existing (old order) rights will have an opportunity to ensure the ongoing validity of these rights by complying with the conversion criteria contained in the 2002 Act. New order rights issued or converted under the 2002 Act differ from old order rights insofar as their duration, transferability, mortgage ability and the royalties payable thereon. Although the new order rights are still referred to as limited real rights in article 5 of the 2002 Act, these converted rights are more restricted in content. These new order rights cannot be ceded, transferred, let, sublet, assigned, alienated or otherwise disposed of without the written consent of the minister. Except for the transitional arrangements in Schedule 2, the 2002 Act would terminate the notion and use of the vehicle of mineral rights. When comparing the new order rights to the old order rights, the question of deprivation and expropriation arises. It is not clear exactly when a claim for compensation for expropriation of property arises and what the term of the period of prescription would be. The duration of the new prospecting right and mining right are statutorily regulated. In drawing a comparison between the old order and the new order rights, a distinction may be drawn between: (a) Situations where the holder of the old order right would be successful with his application for conversion to a new order right; (b) Situations where the holder of the old order right was unsuccessful with the application for a conversion of rights; (c) Situations where the holder chooses not to apply for conversions at all. Financial benefits to be derived from former mineral rights are also affected. The right to receive royalties may be protected under the constitutional property clause and a withdrawal of these rights from the private sphere and the assignment thereof to the state may represent a deprivation of property in the constitutional sense. Royalties to communities and natural persons may continue to them after the 2002 Act, but the position of legal entities and trust remain insecure. All these changes will affect the estate and the estate planning of the landowner and the holder of mineral rights. In this mini-dissertation all the important provisions regarding estate planning will receive attention. Transferability of the new order rights, royalties, and the effect of the new law on the value of property in the estate, will be looked at. / Thesis (LL.M. (Estate Law))--North-West University, Potchefstroom Campus, 2005.

The Mineral and Petroleum Resources Development Act introduced a new mining law dispensation. This Act has implications for mineral right holders. Up to 1 May 2004, the right to prospect or mine vested in the holder of the mineral right concerned under the system of private ownership as set out in the Minerals Act 50 of 1991. The 2002 Act which is premised on the principle that minerals as a natural resource are part of the natural heritage of all South Africans, eliminates the concept of private ownership of mineral rights and vests the right to prospect or mine exclusively in the state. Mineral rights were always assets in the estate of a person and were handled in the administration of the estate. The question is whether mineral rights and royalties are still assets of the estate under the 2002 Act. New applicants under the 2002 Act will have to apply directly to the state for the right to prospect and mine, regardless of the identity of the previous holder of the relevant right. Holders of existing (old order) rights will have an opportunity to ensure the ongoing validity of these rights by complying with the conversion criteria contained in the 2002 Act. New order rights issued or converted under the 2002 Act differ from old order rights insofar as their duration, transferability, mortgage ability and the royalties payable thereon. Although the new order rights are still referred to as limited real rights in article 5 of the 2002 Act, these converted rights are more restricted in content. These new order rights cannot be ceded, transferred, let, sublet, assigned, alienated or otherwise disposed of without the written consent of the minister. Except for the transitional arrangements in Schedule 2, the 2002 Act would terminate the notion and use of the vehicle of mineral rights. When comparing the new order rights to the old order rights, the question of deprivation and expropriation arises. It is not clear exactly when a claim for compensation for expropriation of property arises and what the term of the period of prescription would be. The duration of the new prospecting right and mining right are statutorily regulated. In drawing a comparison between the old order and the new order rights, a distinction may be drawn between: (a) Situations where the holder of the old order right would be successful with his application for conversion to a new order right; (b) Situations where the holder of the old order right was unsuccessful with the application for a conversion of rights; (c) Situations where the holder chooses not to apply for conversions at all. Financial benefits to be derived from former mineral rights are also affected. The right to receive royalties may be protected under the constitutional property clause and a withdrawal of these rights from the private sphere and the assignment thereof to the state may represent a deprivation of property in the constitutional sense. Royalties to communities and natural persons may continue to them after the 2002 Act, but the position of legal entities and trust remain insecure. All these changes will affect the estate and the estate planning of the landowner and the holder of mineral rights. In this mini-dissertation all the important provisions regarding estate planning will receive attention. Transferability of the new order rights, royalties, and the effect of the new law on the value of property in the estate, will be looked at. / Thesis (LL.M. (Estate Law))--North-West University, Potchefstroom Campus, 2005.

Thesis (doctoral)--Università di Berna.