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Claiming a Promised Inheritance - A Comparative Study (Hardcover)
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Claiming a Promised Inheritance - A Comparative Study (Hardcover)
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Claiming a Promised Inheritance examines those cases where a person
is promised a future inheritance and, having acted on it, later
discovers that the promise is unfulfilled. The book structures its
analysis and argument around the stories of disappointed promisees
and their unfulfilled expectations of a future inheritance, and how
they might seek redress. It maps and compares the various, and
often very diverse range of legal responses that a promisee can
avail herself of across different legal areas of the law (ranging
from contract law to property law, employment law, unjust and
unjustified enrichment law, and succession law) and in both common
and civil law traditions. Braun asks how these responses protect
the interests of promisees and whether they are sensitive to the
context in which such promises are expressed. In doing so, the
focus rests on the level of protection the various forms of redress
grant, their scope, and the challenges promisees face when brining
a claim, but also on the values and interests that are at stake
when granting relief. This book argues that due to the social and
legal context within which promises of a future inheritance are
normally made, promisees are usually in a vulnerable position that
can easily by exploited. It further argues that the law is usually
more acutely attuned to the risks that the promisor incurs and that
greater attention should be paid to the challenges promisees face.
Claiming a Promised Inheritance thus complements the traditional
viewpoint by bringing into focus the (too often ignored)
perspective of promisees.
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