Author: Reinhard Zimmermann
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
The property of a deceased person can pass only to someone who has survived him or her. It can, however, turn out to be impossible to establish the order of death, particularly if both persons have died in a common peril or "calamity". In the sources of Roman law we find two survivorship-presumptions relating to the simultaneous death of parent and child as well as a number of decisions concerning other, individual case scenarios. On that basis, the French Code civil of 1804 established a complex set of presumptions based on age and sex. The rules in the codifications of the German-speaking countries were much more straightforward, for they established a presumption of simultaneous death. The present article traces the interpretation and reform of the various presumptions. And it traces the development of Scots and English law against the background of continental European law of which the Scots and English courts had a somewhat skewed perspective. Since the position at common law was regarded as unsatisfactory, in both legal systems the legislator has intervened.
Presumptions of Survivorship Or Simultaneous Death in Cases of 'Common Calamity'
Author: Reinhard Zimmermann
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
The property of a deceased person can pass only to someone who has survived him or her. It can, however, turn out to be impossible to establish the order of death, particularly if both persons have died in a common peril or "calamity". In the sources of Roman law we find two survivorship-presumptions relating to the simultaneous death of parent and child as well as a number of decisions concerning other, individual case scenarios. On that basis, the French Code civil of 1804 established a complex set of presumptions based on age and sex. The rules in the codifications of the German-speaking countries were much more straightforward, for they established a presumption of simultaneous death. The present article traces the interpretation and reform of the various presumptions. And it traces the development of Scots and English law against the background of continental European law of which the Scots and English courts had a somewhat skewed perspective. Since the position at common law was regarded as unsatisfactory, in both legal systems the legislator has intervened.
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
The property of a deceased person can pass only to someone who has survived him or her. It can, however, turn out to be impossible to establish the order of death, particularly if both persons have died in a common peril or "calamity". In the sources of Roman law we find two survivorship-presumptions relating to the simultaneous death of parent and child as well as a number of decisions concerning other, individual case scenarios. On that basis, the French Code civil of 1804 established a complex set of presumptions based on age and sex. The rules in the codifications of the German-speaking countries were much more straightforward, for they established a presumption of simultaneous death. The present article traces the interpretation and reform of the various presumptions. And it traces the development of Scots and English law against the background of continental European law of which the Scots and English courts had a somewhat skewed perspective. Since the position at common law was regarded as unsatisfactory, in both legal systems the legislator has intervened.
Doctrine of Survivorship in Case of Two Or More Deaths in a Common Disaster
Author: Theodore Sutro
Publisher:
ISBN:
Category : Presumptions
Languages : en
Pages : 28
Book Description
Publisher:
ISBN:
Category : Presumptions
Languages : en
Pages : 28
Book Description
American law reports annotated
Author:
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ISBN:
Category :
Languages : en
Pages : 1658
Book Description
Publisher:
ISBN:
Category :
Languages : en
Pages : 1658
Book Description
Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa
Author: Iowa. Supreme Court
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 1524
Book Description
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 1524
Book Description
The American and English Annotated Cases
Author:
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Category : Law
Languages : en
Pages : 1488
Book Description
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1488
Book Description
The Texas court reporter
Author:
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Category :
Languages : en
Pages : 1136
Book Description
Publisher:
ISBN:
Category :
Languages : en
Pages : 1136
Book Description
American and English Annotated Cases
Author: Harry Noyes Greene
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1338
Book Description
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1338
Book Description
Reports of Cases in Law and Equity Determined in the Supreme Court of the State of Iowa
Author: Iowa. Supreme Court
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 1524
Book Description
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 1524
Book Description
Annotated Cases, American and English
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1486
Book Description
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1486
Book Description
New York Estates and Surrogates
Author: Frank Hubbard Twyeffort
Publisher:
ISBN:
Category : Executors and administrators
Languages : en
Pages : 1190
Book Description
Publisher:
ISBN:
Category : Executors and administrators
Languages : en
Pages : 1190
Book Description