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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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Formato: | Online Artículo Texto |
Lenguaje: | English |
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Public Library of Science
2022
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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 |
collection | PubMed |
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. |
format | Online Article Text |
id | pubmed-9648715 |
institution | National Center for Biotechnology Information |
language | English |
publishDate | 2022 |
publisher | Public Library of Science |
record_format | MEDLINE/PubMed |
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 |
work_keys_str_mv | AT wangyue impossibilityresultsaboutinheritanceandorderofdeath |