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Inheritance Legal Systems and the Intergenerational Bond

29 Pages Posted: 16 May 2012  

Shelly Kreiczer-Levy

College of Law and Business

Date Written: May 15, 2012

Abstract

This article offers an analysis of three legal systems of inheritance: American law, common law family provision, and civil law. It offers a unique reading of these systems by focusing on the role of continuity in inheritance and by stressing the position of potential recipients. It uses the concept of the intergenerational bond to capture the intersection of continuity, property, and the giver–receiver interrelation. It then highlights the role of continuity in each system and explores their different constructions of continuity. Two main conclusions arise. First, each of these systems has a bifocal dimension. Second, these legal systems can be defined along two axes. One axis is the balance between the giver and the receiver. The other is the content of the bond. The balance between testamentary freedom and familial continuity varies among legal systems, but provides a general model for understanding these systems.

Keywords: Inheritance, legal systems, comparative, continuity, property, trusts and estates

Suggested Citation

Kreiczer-Levy, Shelly, Inheritance Legal Systems and the Intergenerational Bond (May 15, 2012). Real Property, Probate and Trust Law Journal, Vol. 46, No. 3, 2012. Available at SSRN: https://ssrn.com/abstract=2060184

Shelly Kreiczer-Levy (Contact Author)

College of Law and Business ( email )

26 Ben-Gurion St.
Ramat-Gan
Israel

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