Impossibility results about inheritance and order of death.

Autor: Wang Y; Department of Computational Medicine, University of California, Los Angeles, California, United States of America.; Institut des Hautes Études Scientifiques, Bures-sur-Yvette, Essonne, France.
Jazyk: angličtina
Zdroj: PloS one [PLoS One] 2022 Nov 10; Vol. 17 (11), pp. e0277430. Date of Electronic Publication: 2022 Nov 10 (Print Publication: 2022).
DOI: 10.1371/journal.pone.0277430
Abstrakt: If several relatives died with no will, the order of their deaths could affect the inheritance result. When the order of death is unknown, there are three approaches to determine the inheritance result in this simultaneous death situation: apply an inheritance method that is not affected by the order of death; artificially assign the order of death; stipulate that persons with unknown orders do not inherit each other. The last approach is adopted by the current French Civil Code (denoted as the French Approach). We prove that under some basic requirements, the French Approach is the only valid solution to the order of death problem. Therefore, the inheritance law of a country that does not adopt the French Approach either has unsolvable inheritance problems or violates basic requirements. In the appendix, we study the existence and uniqueness of inheritance methods that are invariant for different orders of death and only violate one requirement, such as gender equality.
Competing Interests: The author has declared that no competing interests exist.
(Copyright: © 2022 Yue Wang. This is an open access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.)
Databáze: MEDLINE
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