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Failure of issue : ウィキペディア英語版 | Failure of issue
In property law, a failure of issue is a situation in which a property-holder dies without leaving children who could have inherited their property.〔, § 26.8 (defining phrase).〕 Before the nineteenth century, common law courts recognized a system of property laws where title would revert to the original grantor upon the failure of issue, but modern laws now permit property to pass to third parties when grantees no longer have living heirs to inherit the property.〔, § 266; , § 267.〕 ==Historical understanding== Between the thirteenth and seventeenth centuries, the ruling class in England was concerned with preserving the status of the landed gentry.〔, § 266, comment a.〕 Consequently, a system of property laws developed where estates would revert to the grantor once the tenant no longer had any living descendants (also known as a fee tail).〔 Courts have traditionally described the reversion of property interests upon the extinction of descendants as the ''indefinite failure of issue''.〔 By the seventeenth entry, English courts had extended this system beyond real property and also applied it to other personal property.〔 However, by the early nineteenth century, American courts began to favor a system of ''definite failure of issue'', where grantors could convey a property interest to a third party if a grantee no longer had any living heirs.〔 This system was codified in England in the Wills Act 1837.〔7 Will 4 & 1 Vict c 26, § 29.〕
抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Failure of issue」の詳細全文を読む
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