Zur Schenkung von Todes wegen

Zur Schenkung von Todes wegen

GermanPaperback / softback
Kegel, Gerhard
VS Verlag für Sozialwissenschaften
EAN: 9783531071770
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Detailed information

A common type of litigation involves claims by executors and adminis trators or, in civil law countries, heirs and residuary legatees against donees who have received gifts mortis causa from a deceased. The transfer of property by way of gift follows different rules from those applied to testamentary dispositions. In particular, a will must be in writing, whereas a gift may be oral if followed by actual delivery. Since most gifts are made orally or, at least, do not satisfy the formal require ments of a testamentary disposition and, moreover, gifts mortis causa are often made shortly before the death of the donor, the crucial question in many proceedings turns on whether there has been an actual delivery. The author discusses this problem under German law, illustrating it by reference to English and American authorities. In order to see the problem in its proper perspective, the author examines the fundamental distinctions between testamentary dispositions and dis positions inter vivos. He concludes that there are four essential character istics of a valid will. Thus, a testamentary disposition is limited to- (I) time after death; (II) the appointment of a successor to property; (III) such property of the deceased as is vested in him at death; (IV) person(s) surviving the deceased. In contradistinction, all other purported transfers of property are dis positions inter vivos.
EAN 9783531071770
ISBN 3531071777
Binding Paperback / softback
Publisher VS Verlag für Sozialwissenschaften
Publication date January 1, 1972
Pages 86
Language German
Country Germany
Readership General
Authors Kegel, Gerhard
Illustrations 86 S. 11 Abb.
Series Rheinisch-Westfälische Akademie der Wissenschaften
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