GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW) | ||||||
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13:26 Nov 8, 2000 |
Spanish to English translations [PRO] Law/Patents | |||||||
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| Selected response from: Brigitte Gendebien Belgium Local time: 18:22 | ||||||
Grading comment
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Summary of answers provided | ||||
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na | joint inheritance |
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na | undivided or unshared inheritance |
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na | undivided inheritance |
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na | undivided successions |
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na | joint inheritance |
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joint inheritance Explanation: indiviso - undivided, joint sucesión - inheritance, estate, Joint inheritance OR, depending on context? Indivisible estate |
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undivided or unshared inheritance Explanation: Good Luck! |
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undivided inheritance Explanation: Divided or undivided inheritance Like the problem of whether and to what extent freedom of testation shall be permitted, the question of whether a person's estate may pass undivided to one person or whether it should be divided among several takers has significant political implications. The issue has been especially important in the history of Anglo-American law, where it is usually referred to as the problem of primogeniture. The term is too narrow, however, because the sole heir need not necessarily be the first-born son (primogenitus). Under the system of ultimogeniture, which existed in parts of England as the custom of Borough English, and also under the German National Socialist law of 1933, the person favoured was the youngest son; under systems of seniorate or juniorate, it is the oldest or youngest member of the family; under that of majorate or minorate, it is the oldest or the youngest person standing in equal degree of consanguinity to the decedent. There have also been cases where certain lands have been reserved to the second-born son and his line (secundogeniture) or the third-born and his line (tertiogeniture), etc. In England, undivided inheritance was applied to real but not to personal property. The distinction between the two kinds of property was important in the struggle for power between church and state. In medieval England the organization of society in general and of the army and the public offices in particular was based upon the distribution of the ownership of the land, over all of which the king was lord paramount. The church, on the other hand, concerned itself with divine worship, the care of the sick and poor, and the cultivation of learning and the arts. After the Norman Conquest a compromise was worked out between the king and the church, under which the royal courts exercised jurisdiction over real property while succession to personal property was to be the concern of the ecclesiastical courts. Until 1926 descent to real property thus was subject to rules different from those applying to the distribution of personal property. For the former, the common-law courts developed a system that tended to maintain the existing military and social order through unpartitioned descent of land to one heir rather than division among several coheirs and, for a long time, by reluctance in admitting freedom of testation. (http://www.britannica.com/bcom/eb/article/9/0,5716,109289 6 ... Reference: http://www.gtz.de/orboden/tenure/te2_3_2.htm Reference: http://privatewww.essex.ac.uk/~scottj/socscot3.htm |
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undivided successions Explanation: A succession is an inheritance because it takes place when a parent or a relative dies. If you like, you can also translate it as undivided hereditary successions. Diccionario de T�rmino Legales de Robb |
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joint inheritance Explanation: I double-checked, and found references to 'joint inheritance' and 'joint heirs' in the text below. I think 'joint' and 'undivided' are possibly interchangeable and both acceptable, but I have frequently heard/seen 'joint' used. Reference: http://www.google.com/search?q=cache:courtdomino.courts.go.j... |
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