Spousal Property Rights at Death: Re-Evaluation of the Common Law Premises in Light of the Proposed Uniform Marital Property Act
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Authors
Volkmer, Ronald R.
Issue Date
1984
Volume
17
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|The broad topic of this article is that of spousal property rights at the death of a spouse and the contemporary issues involved. A traditional approach to this topic is to begin with the historical development of such rights with particular emphasis placed on the distinctions between the "two systems," generally referred to as the common law system (separate property theory) and the civil law system (community property theory). The historical origins of the two systems have occasionally been the single topic of commentary. More often the commentators have focused on particular details of either system, more or less assuming that the system under discussion is the appropriate one. In this article the focus will be on the premises underlying the two systems with heavy emphasis upon relevant policy considerations and recent legislative, institutional, and societal developments...
Description
Citation
17 Creighton L. Rev. 95 (1983-1984)
Publisher
Creighton University School of Law