Post by Sapphire Capital on Aug 28, 2008 19:56:58 GMT 4
Toward a Model Law of Estates and Future Interests
Benjamin Barros
Widener University - School of Law
August 21, 2008
Widener Law School Legal Studies Research Paper No. 08-48
Abstract:
The American law of estates and future interests is tremendously complex. This complexity is unjustifiable because it serves no modern purpose. Many of the distinctions between types of interests in the current system of ownership are vestiges of ancient English feudal concepts and owe their place in the law solely to historical accident. This article develops a proposed model law designed to simplify and modernize the basic property ownership system. The proposals made here differ substantially from prior suggestions for legislative reform, and reflect issues of enactability and retroactivity that previously have been neglected in the literature. The article both builds on and critiques the recently-released preliminary draft of Division VII of the Restatement Third, Property (Wills and Other Donative Transfers), and explains why a model law will be more effective than a Restatement in achieving modernization and reform of the estates and future interests system.
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1244122_code940398.pdf?abstractid=1244122&mirid=1
Benjamin Barros
Widener University - School of Law
August 21, 2008
Widener Law School Legal Studies Research Paper No. 08-48
Abstract:
The American law of estates and future interests is tremendously complex. This complexity is unjustifiable because it serves no modern purpose. Many of the distinctions between types of interests in the current system of ownership are vestiges of ancient English feudal concepts and owe their place in the law solely to historical accident. This article develops a proposed model law designed to simplify and modernize the basic property ownership system. The proposals made here differ substantially from prior suggestions for legislative reform, and reflect issues of enactability and retroactivity that previously have been neglected in the literature. The article both builds on and critiques the recently-released preliminary draft of Division VII of the Restatement Third, Property (Wills and Other Donative Transfers), and explains why a model law will be more effective than a Restatement in achieving modernization and reform of the estates and future interests system.
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1244122_code940398.pdf?abstractid=1244122&mirid=1