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1992

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Full-Text Articles in Law

The Upc's New Survivorship And Antilapse Provisions, Lawrence W. Waggoner, Edward C. Halbach Jr. Jan 1992

The Upc's New Survivorship And Antilapse Provisions, Lawrence W. Waggoner, Edward C. Halbach Jr.

Articles

Law governing transfers of family property has long struggled with questions of survivorship in their many and varied forms. Important results can and regularly do turn on how such issues are resolved.


Spousal Rights In Our Multiple-Marriage Society: The Revised Uniform Probate Code, Lawrence W. Waggoner Jan 1992

Spousal Rights In Our Multiple-Marriage Society: The Revised Uniform Probate Code, Lawrence W. Waggoner

Articles

The transformation of the American family constitutes one of the great phenomenons of the past two decades. The traditional Leave It to Beaver family no longer prevails in American society. To be sure, families consisting of the wage-earning husband, the homemaking and child-rearing wife, and their two joint children still exist. But divorce rates are astonishingly high and remarriage abounds. In fact, there is an increasing prevalence in the population of marriages that are more likely to end in divorce than others-marriages in which one or both partners were divorced before and marriages of couples who cohabited prior to marriage.


Reforming The Law Of Gratuitous Transfers: The New Uniform Probate Code, Lawrence W. Waggoner, John H. Langbein Jan 1992

Reforming The Law Of Gratuitous Transfers: The New Uniform Probate Code, Lawrence W. Waggoner, John H. Langbein

Articles

In the mid-1980s the Uniform Law Commission undertook a landmark revision of the American law of gratuitous transfers. These reforms culminated in a drastically revised Uniform Probate Code ("UPC"). The revisions inspired the Albany Law Review to organize this symposium issue for the purpose of examining the 1990 UPC. In this introductory paper, we point to the main themes of the reform movement, discuss some of the traits and constraints of the uniform law process, and comment on some of the suggestions and insights that appear in the symposium articles.