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Zur Schenkung Von Todes Wegen - 165. Sitzung Am 17. Februar 1971 in Dusseldorf (German, Paperback, 1972 ed.)
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Zur Schenkung Von Todes Wegen - 165. Sitzung Am 17. Februar 1971 in Dusseldorf (German, Paperback, 1972 ed.)
Series: Rheinisch-Westfalische Akademie Der Wissenschaften, 177
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A common type of litigation involves claims by executors and
adminis- trators or, in civil law countries, heirs and residuary
legatees against donees who have received gifts mortis causa from a
deceased. The transfer of property by way of gift follows different
rules from those applied to testamentary dispositions. In
particular, a will must be in writing, whereas a gift may be oral
if followed by actual delivery. Since most gifts are made orally
or, at least, do not satisfy the formal require- ments of a
testamentary disposition and, moreover, gifts mortis causa are
often made shortly before the death of the donor, the crucial
question in many proceedings turns on whether there has been an
actual delivery. The author discusses this problem under German
law, illustrating it by reference to English and American
authorities. In order to see the problem in its proper perspective,
the author examines the fundamental distinctions between
testamentary dispositions and dis- positions inter vivos. He
concludes that there are four essential character- istics of a
valid will. Thus, a testamentary disposition is limited to- (I)
time after death; (II) the appointment of a successor to property;
(III) such property of the deceased as is vested in him at death;
(IV) person(s) surviving the deceased. In contradistinction, all
other purported transfers of property are dis- positions inter
vivos.
General
Imprint: |
VS Verlag fur Sozialwissenschaften
|
Country of origin: |
Germany |
Series: |
Rheinisch-Westfalische Akademie Der Wissenschaften, 177 |
Release date: |
1972 |
First published: |
1972 |
Authors: |
Gerhard Kegel
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Dimensions: |
244 x 170 x 5mm (L x W x T) |
Format: |
Paperback - Trade
|
Pages: |
86 |
Edition: |
1972 ed. |
ISBN-13: |
978-3-531-07177-0 |
Languages: |
German
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Categories: |
Books >
Law >
Other areas of law >
General
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LSN: |
3-531-07177-7 |
Barcode: |
9783531071770 |
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