From: Marie-Alice Morel
To: Senior Partner
Date: 22th September 2015
Re: Primary Analysis of the Case Sophie Hess vs. Antoinette Royan
In the case between Sophie Hess and Antoinette Royan, I would like to describe the role of law in a memo. It is structured in a short definition about the macro and micro function, followed by six important facts from the case and it ends with a detailed explanation about how law from a macro and micro perspective response to these facts.
The macro-function of law includes all the different sections of law which maintain order in a state. These sections are for instance social order, economic order, public order, political order etc. The micro-function is the framework of the macro-function. …show more content…
This is an often discussed topic between jurists. While some argue that there should be a clear boundary between law and morality, because immoral does not always mean unlawful, others believe that moral behaviour should play a role in law. Likewise, in relationships between humans, morality often plays an significant role. While Mr. and Mrs. Hess were married, Mr. Hess gave money to his mistress Angela. For Mrs. Hess this gift was immoral, because they were still married at that time, so she argues that the apartment belongs to Mr. Hess estate. As follows she believes that she has a right to the apartment …show more content…
If we look at the case through a micro perspective, we could think about the divorce proceeding of Mr. and Mrs. Hess. These cases are based in family law. When Mr. Hess commenced divorce proceedings, certain laws are coming into action, for example how property will be divided and who will get the custody for the children (if they have some). In addition to that, both have to sign a decree of the divorce, only with that the divorce is legally valid.
After Angela Royan’s and Mr. Hess’s death, the law of inheritance comes into force. The proceeding to inherit property is written down in the law of inheritance
Now perhaps the question arises if it is legally valid that Antoinette inherited the apartment. In this case we have to bear some important facts in mind, for instance that Angela died before Mr. Hess and that she bought the apartment. But what we do know is, if Mr. Hess as well as Mrs. Hess were proprietors of the apartment, and if Mr. Hess had a last will were he mentioned his