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Wealth Transfer Laws in 153 Jurisdictions: An Empirical Comparative Law Approach

30 Pages Posted: 5 Oct 2017  

Yun-chien Chang

Academia Sinica - Institutum Iurisprudentiae (IIAS)

Date Written: October 4, 2017

Abstract

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

Chang, Yun-chien, Wealth Transfer Laws in 153 Jurisdictions: An Empirical Comparative Law Approach (October 4, 2017). Iowa Law Review, Vol. 102, Forthcoming . Available at SSRN: https://ssrn.com/abstract=3048106

Yun-chien Chang (Contact Author)

Academia Sinica - Institutum Iurisprudentiae (IIAS) ( email )

128 Academia Sinica Rd., Sec. 2
Nankang
Taipei City, 11529
Taiwan

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