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Wealth can be transferred on death in a number of different ways,
most commonly by will. Yet a person can also use a variety of other
means to benefit someone on death. Examples include donationes
mortis causa, joint tenancies, trusts, life-insurance contracts and
nominations in pension and retirement plans. In the US, these modes
of transfer are grouped under the category of 'will-substitutes'
and are generally treated as testamentary dispositions. Much has
been written about the effect of the use of will-substitutes in the
US, but little is generally known about developments in other
jurisdictions. For the first time, this collection of contributions
looks at will-substitutes from a comparative perspective. It
examines mechanisms that pass wealth on death across a number of
common law, civil law and mixed legal jurisdictions, and explores
the rationale behind their use. It analyses them from different
viewpoints, including those of owners of businesses, investors, as
well as creditors, family members and dependants. The aims of the
volume are to show the complexity and dynamics of wealth transfers
on death across jurisdictions, to identify patterns between
jurisdictions, and to report the attitudes towards the different
modes of transfer in light of their utility and the potential
frictions they give rise to with policies and principles
underpinning current laws.
In the recent past, the reassessment of the transmission situation
with regard to Shakespeare's AKing LearA has spawned numerous
single editions of the various versions of the play. Proceeding
from a discussion of the transmission problems, the editorial
history, and present-day editorial practice, the study undertakes a
comprehensive reconception of the methodological foundations of
version editing in connection with AKing LearA. The discussion of
the theoretical editing problems involved produces an outline for a
hypermedia edition that departs from traditional norms in its
design of reader text, navigation structure, and reference system.
An integral part of the study is an electronic component accessible
on the internet (www.niemeyer.de/links/link_material.html), which
illustrates the editorial and media-theoretical premises with
reference to a newly edited portion of the text.
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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