| richlevy |
07-17-2005 09:51 AM |
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Originally Posted by Troubleshooter
La law is fucked up beyond measure.
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Actually, I know of a woman whose husband convinced her to move down there and then acted like a jerk. The legal system, at least as it was a decade ago, was not big on equal rights for women.
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In some countries, you cannot give your estate away as intended as it is necessary to benefit particular family members, otherwise the courts can amend the Will.
Some legal systems, e.g. Code Napoleon, Civil, Islamic, and some Common Law jurisdictions, restrict a person's freedom in disposal of assets. Certain relations or relationships evolved from blood, marriage, or even cohabitation can have an irrepressible right to share an other's estate.
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Louisiana is the only state in the United States that requires parents to leave a portion of their estates to their children. This concept is referred to as "forced heirship".
Prior to 1995, children were deemed as a matter of law to be forced heirs for life in Louisiana. Efforts to limit forced heirship prior to that time were declared unconstitutional by the Louisiana Supreme Court. However, that year, the voters approved an amendment to the Louisiana Constitution authorizing the legislature to classify descendants twenty-three years of age or younger as forced heirs. It also allowed the legislature to classify as forced heirs descendants of any age who, because of mental incapacity or physical infirmity, are permanently incapable of taking care of their persons or administering their estates.
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Lousiana law is similar to Code Napoleon. This meant that children, even grown children, were entitled to a portion of the estate, even if a man wanted to leave the entire estate to his wife.
From Wikipedia
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Louisiana is the only state whose legal system is based on Roman, Spanish, and French civil law as opposed to English common law. Technically, it is known as "Civil Law," or the "Civilian System." It is often incorrectly referred to as the "Code Napoleon" or The Napoleonic Code. It is important to note that the Louisiana Civil Code and the French Civil Code, often referred to as the Napoleonic Code, came into existence at roughly the same time. Louisiana was never governed by the Napoleonic Code.
Great differences still exist between Louisiana Civil Law and the Common Law found in her 49 sister states. While most of the differences are now found in verbiage, it is important to note that the "Civilian" tradition is still deeply rooted in all aspects of Louisiana law. Property, contractual, and family law are still mostly based on traditional Roman legal thinking and have little in common with English law.
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