The old age life quality: Increasing the elders’ freedom to dispose by will implies more justice

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Dokumentart: Aufsatz
Date: 2011
Source: Oñati Socio-Legal Series, 1-8, 2011
Language: Spanish
Faculty: Kriminologisches Repository
Department: Kriminologie
DDC Classifikation: 340 - Law
360 - Social problems and services; associations
Keywords: Alter , Erbe , Argentinien
Other Keywords:
Elder Law
Reserved inheritable portion
Life quality
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This essay is based on whether the restrictions on the freedom to dispose of one’s succession by will, according to the Argentinean Inheritance Law, are accurate in order to protect and enhance life quality of the elderly. After the introductory ideas, the first part is referred to the premises that support the reserved portion regime and its current validity in Argentinean Inheritance Law. The second part exposes some of the new paradigms that lead to consider alter solutions. The third part focuses on different alternatives which have been discussed in Argentina as well as in Comparative Law. The last part provides the reasons why it is necessary to adapt the reserved portion law because it unfairly restricts the elder´s free will.

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