THE PROBLEM OF SIMULTANEOUS DEATH IN THE LAW OF INHERITANCE – HISTORICAL AND COMPARATIVE APPROACHES

Tamás Nótári and Tekla Pap

FIAT IUSTITIA, 2013, vol. 8, issue 2, 12-28

Abstract: In the course of the re‐codification of Hungarian civil law, the problems of the legal construction in general called simply” presumption of simultaneous death in common disaster” have occurred. In this paper we intend to present the historical roots in Roman law (I.) and in authoritative codifications of the modern age (II.) and to consider the regulation variations of the issue one by one (III.). After that we shall illustrate the differences between the effective Hungarian Civil Code (Ptk.), the amendment and the settlement based on the proposal by some practical examples (IV.); then, de lege ferenda we shall sum up the, in our opinion, optimal solutions (V.).

Keywords: commorientes; inheritance; roman law (search for similar items in EconPapers)
Date: 2013
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Persistent link: https://EconPapers.repec.org/RePEc:dcu:journl:v:8:y:2013:i:2:p:12-28

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