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Impossibility results about inheritance and order of death

If several relatives died with no will, the order of their deaths could affect the inheritance result. When the order of death is unknown, there are three approaches to determine the inheritance result in this simultaneous death situation: apply an inheritance method that is not affected by the orde...

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Autor principal: Wang, Yue
Formato: Online Artículo Texto
Lenguaje:English
Publicado: Public Library of Science 2022
Materias:
Acceso en línea:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9648715/
https://www.ncbi.nlm.nih.gov/pubmed/36355781
http://dx.doi.org/10.1371/journal.pone.0277430
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author Wang, Yue
author_facet Wang, Yue
author_sort Wang, Yue
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description If several relatives died with no will, the order of their deaths could affect the inheritance result. When the order of death is unknown, there are three approaches to determine the inheritance result in this simultaneous death situation: apply an inheritance method that is not affected by the order of death; artificially assign the order of death; stipulate that persons with unknown orders do not inherit each other. The last approach is adopted by the current French Civil Code (denoted as the French Approach). We prove that under some basic requirements, the French Approach is the only valid solution to the order of death problem. Therefore, the inheritance law of a country that does not adopt the French Approach either has unsolvable inheritance problems or violates basic requirements. In the appendix, we study the existence and uniqueness of inheritance methods that are invariant for different orders of death and only violate one requirement, such as gender equality.
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spelling pubmed-96487152022-11-15 Impossibility results about inheritance and order of death Wang, Yue PLoS One Research Article If several relatives died with no will, the order of their deaths could affect the inheritance result. When the order of death is unknown, there are three approaches to determine the inheritance result in this simultaneous death situation: apply an inheritance method that is not affected by the order of death; artificially assign the order of death; stipulate that persons with unknown orders do not inherit each other. The last approach is adopted by the current French Civil Code (denoted as the French Approach). We prove that under some basic requirements, the French Approach is the only valid solution to the order of death problem. Therefore, the inheritance law of a country that does not adopt the French Approach either has unsolvable inheritance problems or violates basic requirements. In the appendix, we study the existence and uniqueness of inheritance methods that are invariant for different orders of death and only violate one requirement, such as gender equality. Public Library of Science 2022-11-10 /pmc/articles/PMC9648715/ /pubmed/36355781 http://dx.doi.org/10.1371/journal.pone.0277430 Text en © 2022 Yue Wang https://creativecommons.org/licenses/by/4.0/This is an open access article distributed under the terms of the Creative Commons Attribution License (https://creativecommons.org/licenses/by/4.0/) , which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.
spellingShingle Research Article
Wang, Yue
Impossibility results about inheritance and order of death
title Impossibility results about inheritance and order of death
title_full Impossibility results about inheritance and order of death
title_fullStr Impossibility results about inheritance and order of death
title_full_unstemmed Impossibility results about inheritance and order of death
title_short Impossibility results about inheritance and order of death
title_sort impossibility results about inheritance and order of death
topic Research Article
url https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9648715/
https://www.ncbi.nlm.nih.gov/pubmed/36355781
http://dx.doi.org/10.1371/journal.pone.0277430
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