Browsing by Subject "Civil Law"

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    Interesting Issues Relating to the Succession inLien of the Heirs Disinherited by the de cujusbefore the Death of the de cujus and theSuccession in Lien of the Heirs Excluded fromthe Succession after the Death of the de cujus
    (Chulalongkorn University Printing House, 2008)
    Somran, Pongthon
    ;
    University of the Thai Chamber of Commerce. Journal Editorial Office
    When a person dies, his estate devolves on the heirs by statutory rights, called çstatutoryheirsé, or on the heirs who are entitled by will, called çlegateesé, as the case may be. Butif such heirs behave in an unworthy way vis-a$-vis the de cujus, and are still entitled tothe succession, it would appear to be unjust. Hence, the stipulations of the law thatsuch heirs shall be disinherited ipso jure on account of their unworthy behaviorsvis-a$-vis the de cujus, by being excluded from the succession under two circumstances,i.e. exclusion from the succession for having diverted or concealed the property or forunworthy behaviors vis-a$-vis the de cujus. The exclusion from the succession could occurboth before and after the death of the de cujus. If the exclusion from the successionoccurs before the death of the de cujus, there are provisions of the law that entitle thesuccession in lien of such heirs by the çdescendenté of the excluded heirs. But if theexclusion from the succession occurs after the death of the de cujus, the çdescendentéof the excluded heirs could also succeed by their right of succession in lien of theexcluded heirs. In the view of the author, there could be a problem of interpretation ofthe law if it is asserted that the çdescendenté of the excluded heirs could succeed bytheir right of succession in lien of the excluded heirs.
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