Wealth Transfer Laws in 153 Jurisdictions: An Empirical Comparative Law Approach
30 Pages Posted: 5 Oct 2017
Date Written: October 4, 2017
Wealth transfer doctrines have not been compared in a large scale before. Using a unique hand-coded data set on property doctrines compiled by the author over five years, this article describes the following doctrines in 153 jurisdictions: whether any form of future interest is recognized; whether real estate registration is absolute (public faith principle); whether in sales of real estate registration is not needed, necessary, or creating opposability to third parties; whether a real agreement is conceptually separate from the sale contract and whether an invalid sale contract will always cause the invalidity of the real agreement (non-causa principle); and whether delivery or certain intentions are required to transfer ownership of personal properties or the sale contract itself is sufficient. Further using clustering analysis, this article categorizes the wealth transfer doctrines of the 153 jurisdictions into 8 groups, finding that China, Russia, and Scotland are the outliers, and English, French, and German influences on many jurisdictions are obvious.
Keywords: Future Interest, Absolutism of Real Estate Registration, Non-Causa Principle, Delivery, Opposability
JEL Classification: K11
Suggested Citation: Suggested Citation