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Comparative Succession LawVolume II: Intestate Succession$
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Kenneth Reid, Marius de Waal, and Reinhard Zimmermann

Print publication date: 2015

Print ISBN-13: 9780198747123

Published to Oxford Scholarship Online: October 2015

DOI: 10.1093/acprof:oso/9780198747123.001.0001

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Intestate Succession in Latin America

Intestate Succession in Latin America

Chapter:
(p.118) 6 Intestate Succession in Latin America
Source:
Comparative Succession Law
Author(s):

Jan Peter Schmidt

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198747123.003.0006

The laws of intestate succession in Latin America are homogenous in so far as their fundamental characteristics are concerned. In the order of heirs among relatives, for example, they almost invariably follow the so-called ‘three-line system’, with its strict hierarchy of descendants, ascendants, and collateral relatives. A focus on the core family is another common feature. But Latin American regimes have also developed a range of independent solutions based on specific economic, sociological, or cultural factors. This chapter examines intestate succession in larger jurisdictions, such as Argentina, Brazil, and Mexico, and especially Chile as the most influential of the legal systems in the continent. The discussions cover the general aspects of intestate succession; intestate succession of relatives; extra-marital and adopted children; cohabitation and same-sex partnerships; adjustment of advances; and the position of the state.

Keywords:   Latin American civil law, intestate succession, succession law, relatives, children, cohabitants, same-sex partnerships, advances, state

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