Combining Legal and Economic Theory. An Interdisciplinary Approach to Dutch and Polish Family Provisions in Succession Law

IF 0.3
M. Beuker
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引用次数: 1

Abstract

Although testamentary freedom is an important principle in succession law, legislators and judges across the world have recognized the importance of certain family members by granting them mandatory claims in the inheritance of their deceased relative (in spite of wishes of the deceased). This article focuses on these rights. The goal is to introduce the Dutch framework of imperative succession law and to demonstrate the possibilities of combining the legal and economic discipline to deepen knowledge on these provisions. Whilst examples will focus upon succession law, the concepts will be described in a general manner. This might inspire researchers to apply a similar interdisciplinary approach in other fields of law. The imperative provisions that currently exist for family members in the Netherlands can be divided into two types of claims. The first is the legitime, a fixed claim for children of the deceased. The second type are the other statutory entitlements that cover a specified range of situations in which judges have freedom in deciding upon the requests of family members. However, this discretion raises many questions on the way judges should handle such claims. A combination of law and economics can aid in describing and interpreting the law, for example by defining the need for support that is often required for a successful claim. By relying on economic data and theory, judges can come to a more consistent and substantiated way of establishing the need for support. The interdisciplinary methodology can also improve comparative legal research. The functional approach that is common in comparative legal research, assumes that law fulfills certain functions. Economic figures provide an objective basis that demonstrates what functions a law fulfills and to what extent this is done efficiently. This information can be used to compare the functioning of laws in different countries.
法律与经济理论的结合。荷兰和波兰继承法中家庭条款的跨学科研究
虽然遗嘱自由是继承法中的一项重要原则,但世界各地的立法者和法官已经认识到某些家庭成员的重要性,给予他们对已故亲属遗产的强制性要求(尽管死者有意愿)。本文主要讨论这些权利。其目标是介绍荷兰的必要继承法框架,并展示将法律和经济学科结合起来以加深对这些规定的了解的可能性。虽然例子将集中在继承法上,但概念将以一般方式描述。这可能会激励研究人员在其他法律领域应用类似的跨学科方法。荷兰目前对家庭成员的强制性规定可分为两类索赔。第一个是合法的,对死者子女的固定要求。第二类是其他法定权利,涵盖特定范围的情况,在这些情况下,法官有权就家庭成员的请求作出决定。然而,这种自由裁量权对法官应如何处理此类索赔提出了许多问题。法律和经济学的结合可以帮助描述和解释法律,例如,通过定义成功索赔通常需要的支持需求。通过依靠经济数据和理论,法官可以找到一种更一致和更有根据的方式来确定对支持的需求。跨学科的方法论也可以提高比较法学研究。比较法学研究中常用的功能理论假定法律履行一定的功能。经济数据提供了一个客观的基础,表明法律履行了什么职能,在多大程度上有效地履行了这些职能。这些信息可用于比较不同国家法律的运作情况。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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