Property in families and the inheritance context

Dutta, Anatol (2023): Property in families and the inheritance context. In: Nordtvei, Ernst (ed.) : The Changing Role of Property Law : Rights, Values and Concepts. Cheltenham, UK ; Northampton, MA, USA: Edward Elgar Publishing. pp. 186-198

Abstract

Today, property law and family property law - the section of the law dealing mainly with matrimonial property and successions, but including also gifts and companies, partnerships, foundations and trusts - are distinct disciplines with little in common, unlike in early human history when wealth was owned by family groups rather than individuals. Nevertheless, there are intersections between property and family property law: family property law can transfer property, create property rights and sometimes even provide for a special property law in the family context. This cooperation can trigger challenges in private international law if the applicable property and family property laws diverge. The chapter argues that the intersection between family, succession and property is a topic for interdisciplinary legal research.

• Item Type: Book Section
• Faculties: Law > Chairs and professorships for civil law
• Subjects: 300 Social sciences > 340 Law
• ISBN: 978-1-83910-065-9 ; 978-1-83910-064-2
• Place of Publication: Cheltenham, UK ; Northampton, MA, USA
• Language: English