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  • Publisher:
    Cambridge University Press
    Publication date:
    11 February 2027
    28 February 2027
    ISBN:
    9781009870702
    9781047759540
    9781009870672
    Dimensions:
    (229 x 152 mm)
    Weight & Pages:
    215 Pages
    Dimensions:
    Weight & Pages:
Selected: Digital
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Book description

Why does inheritance law persist in modern legal systems, and what justifies the transmission of property beyond death? This book develops a holistic theory of inheritance grounded in the concept of continuity. It moves beyond traditional accounts centered on testamentary freedom or family protection and argues that inheritance law responds to a fundamental problem created by mortality: the disruption of ownership at death. The book offers a theory that explains both testamentary freedom regimes and family-protection systems as alternative forms of continuity. It therefore enables a comparative analysis of different systems. It also advances a normative conception of continuity as a collaboration between the deceased giver and surviving recipients and, based on this conception, offers concrete criteria for evaluating legal doctrines across jurisdictions. Bringing mortality to the center of property theory, this work provides a coherent, comparative, and normatively rich account of inheritance law for scholars, students, and legal theorists.

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