出典(authority):フリー百科事典『ウィキペディア(Wikipedia)』「2013/04/07 13:42:56」(JST)
Inheritance is the practice of passing on property, titles, debts, rights and obligations upon the death of an individual. It represents also to pass a characteristic, genetically. It has long played an important role in human societies. The rules of inheritance differ between societies and have changed over time.
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In law, an heir is a person who is entitled to receive a share of the decedent's (the person who died) property, subject to the rules of inheritance in the jurisdiction where the decedent died or owned property at the time of death. In politics members of ruling noble houses may be heirs of a living person, called heirs apparent. In law, however, a person does not become an heir before the death of the decedent, since the exact identity of the persons entitled to inherit is determined only then. There is a further concept of jointly inheriting, pending renunciation by all but one, which is called coparceny.
In modern law, the terms inheritance and heir refer exclusively to the succession of property from a deceased descendent intestate. Future recipients of property through a will are termed beneficiaries, devisees, or legatees.
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Detailed studies have been made in the anthropological and sociological areas about customs of patrilineal inheritance, where only male children can inherit. Some cultures also employ matrilineal succession, where property can only pass along the female line, most commonly going to the sister's sons of the (male) decedent; but also, in some societies, from the mother to her daughters. Many ancient societies and most modern states employ partible inheritance, under which every child inherits (usually equally).
Historically, there were also mixed systems:
Rosenblatt (1974),[16] studying 39 non-Western societies around the world, finds consistent correlations between the gender and birth rank of a child and his/her outcome in life, and these include differences in the degree of property control.
The Ethnographic Atlas (1998),[17] gives the following figures regarding land distribution: primogeniture predominates in 247 societies, while ultimogeniture prevails in 16. In 19 societies land is exclusively or predominantly given to the one adjudged best qualified, while equality predominates in 301 societies.
Regarding land inheritance rules, in 340 societies sons inherit, in 90 other patrilineal heirs (such as brothers), in 31 sister's sons, in 60 other matrilineal heirs (such as daughters or brothers), and in 98 all children. In 43 of these latter societies, however, daughters receive less.
It is also noteworthy that in 472 societies distribution of inherited land follows no clear rules or information is missing, while in 436 societies inheritance rules for real property do not exist or data is missing; there are many societies where there is little or no land to inherit (such as in hunter gatherer societies).
Patrilineal primogeniture (eldest son inherits) was traditionally the rule among Japanese, Korean, Rukai, Lakher (or Mara), Aztec, Shilluk, Kikuyu, Scottish, Xibe, Balt, Timorese, Ossetian, South Sumatran, Tausug, Endenese, Bogo, Tibetan, and Kaffa peasants, for example, while patrilineal ultimogeniture (youngest son inherits) was customary among Sami (or Lapp), Fur, Atayal, Sherpa, Kachin, and Lushei or Lushai (sometimes confused with the whole Mizo people, especially in the past) farmers, to name a few. Spanish Basques gave their land to the one considered best qualified, though they had a preference for sons, while Javanese, Turk, Kurd, Armenian, Lolo or Yi, Lepcha, Lisu, Nu, Qiang, Bai, Hakka, Hani, Miao, Naxi, Pumi, Han Chinese, Gheg Albanian and Balinese farmers, for example, gave more or less equal shares of land to sons, but excluded daughters (this is perhaps the most common pattern of land inheritance). Romans, Madurese and Siamese gave relatively equal shares to both sons and daughters, while Gilbertese gave less land to daughters, and the same system prevails in contemporary Egypt. There have been other, rarer customs of inheritance, like bilateral primogeniture (eldest son inherits from the father, eldest daughter inherits from the mother), such as among the Classic Mayas, who transmitted the family's household furnishings from mother to eldest daughter, and the family's land, houses and agricultural tools from father to eldest son,[18] and in the Greek island of Karpathos, where the house was transmitted from mother to eldest daughter, while land was transmitted from father to eldest son[19] Among the Igorot, too, the father's land customarily descended to his eldest son and the mother's land to his eldest daughter. Land inheritance customs, thus, greatly vary across cultures.
The same disparity is seen regarding inheritance of movable property. Most nomadic peoples from Central Asia, like for example the Khalka Mongols, divide livestock equally at the point of each son's marriage, typically letting the youngest remain behind caring for the parents and inheriting his father's yurt after their death in addition to his own share of livestock; but others, such as the Yukaghir and the Yakut, leave most livestock to one son (in the above examples the youngest and the eldest, respectively). And some pastoral peoples from other geographical areas also practice unequal wealth transfers, although customs of equal male inheritance are more common among them than among agriculturalists.
Inheritance Rules for Movable Property are as follows: in 381 there isn't enough information, in 132 there are no individual property rights or rules, in 45 sister's sons inherit, in 73 other matrilineal heirs, 67 all children, but daughters receive less, in 89 all children inherit equally, in 393 only sons inherit, and in 87 other patrilineal heirs.
Inheritance Distribution for Movable Property are as follows: in 382 there isn't enough information or there are no rules, in 435 equality prevails and in 18 movable property is exclusively or predominantly adjudged to the one best qualified, while in 14 societies ultimogeniture predominates and in 244 primogeniture predominates.
Among many peoples who divide their land and/or livestock equally among all sons or children, the youngest son, daughter or child inherits the house or parental dwelling after caring for his/her parents until their death, since each of the sons or children will receive his/her share of land and/or movable property as he/she marries.
Inheritance customs do not follow clear ethnic, linguistic or geographical patterns. Equality between all sons and a subordinate position of women are prominent aspects of Hungarian,[20][21][22][23] Romanian,[24] and most Slavic[25][26][27][28][29][30] or Latin American[31][32][33] cultures, for example, while many studies show the privileged position that the eldest son traditionally enjoyed in Slovene[34] Finnish[35][36] [37] [38] [39][40][41] or Tibetan [42] [43][44][45][46][47] culture, for example. The Minangkabau, the Garos and the Khasi, on the other hand, traditionally privileged the youngest daughter. Some peoples, like the Chin, the Dinka or the Karen, frequently show a compromise between primogeniture and ultimogeniture in their inheritance patterns. Sometimes inheritance customs do not entirely reflect social traditions. Romans valued sons more than daughters and Thais showed the reverse pattern, though both practiced equal inheritance between all children. In Han Chinese tradition, the eldest son was of special importance. He received the family headship in cases where the family held together as a single unit, and the largest share in cases of family division,[48] though Chinese peasants have practiced partible inheritance since the time of the Qin Dynasty. Among Mongols, on the other hand, the youngest son held a special position because he cared for his parents in their old age and on their death inherited the parental dwelling, which was connected with the religious cult in Mongol traditions, though all sons received more or less equal shares of livestock as they married. In India, inheritance customs were (and still are) very diverse. Patrilineal primogeniture predominated in ancient times,[49][50] but since the Middle Ages, patrilineal equal inheritance has prevailed in perhaps a majority of groups,[51] although the eldest son often received an extra share[52] Under this system, the estate would be shared between all sons, but these would often remain together with their respective families under the headship of the eldest (see joint family).
Mary K. Shenk and others (2010)[53] expose how intergenerational wealth transmission among agriculturalists tends to be rather unequal. Only slightly more than half of the societies they study practice equal division of real property; customs to preserve land relatively intact (most commonly primogeniture) are very common. Borgerhoff Mulder (2010)[54] shows how wealth transfers are more egalitarian among pastoralists, but unequal inheritance customs also prevail in some of these societies.
The high historical prevalence of male primogeniture among upper classes around the world has been subject to some evolutionary theories, such as those elaborated by Betzig (1993)[55] and Bergstrom (1994).[56] Patrilineal primogeniture was generally more common among the wealthy landowners, as in pre-industrial Europe, where it prevailed among the aristocracy, but wasn't very widespread as a plebeian custom (hence the scarcity of European societies where primogeniture was traditionally the general practice regarding land inheritance). However, there have also been societies where patrilineal primogeniture was used by common peasants, but ignored by aristocrats and rulers; such was the case in Pre-Colonial Mexico, for example, to the surprise of Spanish chroniclers[57]
Employing differing forms of succession can affect many areas of society. Gender roles are profoundly affected by inheritance laws and traditions. Impartible inheritance has the effect of keeping large estates united and thus perpetuating an elite. With partible inheritance large estates are slowly divided among many descendants and great wealth is thus diluted, leaving higher opportunities to individuals to make a success. (If great wealth is not diluted, the positions in society tend to be much more fixed and opportunities to make an individual success are lower).
Inheritance can be organized in a way that its use is restricted by the desires of someone (usually of the decedent).[58] An inheritance may have been organized as a fideicommissum, which usually cannot be sold or diminished, only its profits are disposable. A fideicommissum's succession can also be ordered in a way that determines it long (or eternally) also with regard to persons born long after the original descendant. Royal succession has typically been more or less a fideicommissum, the realm not (easily) to be sold and the rules of succession not to be (easily) altered by a holder (a monarch). The fideicommissum, which in fact bore little parallels with the Roman institution of that name, was almost the standard method of property transfer among the European aristocracy; Austria, Germany, Switzerland, Bohemia, Sweden and Italy were some of the countries where it became very popular among wealthy landowners, beginning in most cases around the early Modern Age. It was almost always organized around principles of male primogeniture. The Spanish mayorazgo and the Portuguese morgado also resembled the Continental fideicommissum more than the noble customs of Great Britain and most French regions; aristocratic customs of primogeniture in these countries were more ancient and thus took different legal forms. Inheritance of noble titles also distinguished Great Britain from Continental Europe, since in most European countries most noble titles (though not estates) were inherited by all sons, sometimes even all children.[59]
In more archaic days, the possession of inherited land has been much more like a family trust than a property of an individual. Even in recent years, the sale of the whole of or a significant portion of a farm in many European countries required consent from certain heirs, and/or heirs had the intervening right to obtain the land in question with same sales conditions as in the sales agreement in question.
The Quran introduced a number of different rights and restrictions on matters of inheritance, including general improvements to the treatment of women and family life compared to the pre-Islamic societies that existed in the Arabian Peninsula at the time.[60] The Quran also presented efforts to fix the laws of inheritance, and thus forming a complete legal system. This development was in contrast to pre-Islamic societies where rules of inheritance varied considerably.[60] Furthermore, the Quran introduced additional heirs that were not entitled inheritance in pre-Islamic times, mentioning nine relatives specifically of which six were female and three were male. In addition to the above changes, the Quran imposed restrictions on testamentary powers of a Muslim in disposing his or her property. In their will, a Muslim can only give out a maximum of one third of their property.
The Quran contains only three verses that give specific details of inheritance and shares, in addition to few other verses dealing with testamentary. But this information was used as a starting point by Muslim jurists who expounded the laws of inheritance even further using Hadith, as well as methods of juristic reasoning like Qiyas. Nowadays, inheritance is considered an integral part of Shariah Law and its application for Muslims is mandatory.
The inheritance is patrilineal. The father—that is, the owner of the land—bequeaths only to his male descendents, so the Promised Land passes from one Jewish father to his sons. The Promised Land is called "The Land of Israel" because it belongs to Israel, and his sons are called Israelites denoting their connection with the land of their father.
If there were no living sons and no descendants of any previously living sons, however, daughters could inherit. In Numbers 27:1-4, the daughters of Zelophehad (Mahlah, Noa, Hoglah, Milcah, and Tirzah) of the tribe of Manasseh come to Moses and ask for their father's inheritance, as they have no brothers. In Numbers 27:7-11, Jehovah grants that if a man has no sons, then his daughters may inherit, and lays down the order of inheritance: a man's sons inherit first, daughters if no sons, brothers if he has no children, and so on.
Later, in Numbers 36, some of the heads of the families of the tribe of Mannasseh come to Moses and point out that, if a daughter inherits and then marries a man not from her paternal tribe, her land will pass from her birth-tribe's inheritance into her marriage-tribe's. So a further rule is laid down: if a daughter inherits land, she must marry someone within her father's tribe. (The daughters of Zelophehad marry the sons' of their father's brothers. There is no indication that this was not their choice.)
The tractate Baba Bathra, written during Late Antiquity in Babylon, deals extensively with issues of property ownership and inheritance according to Jewish Law. Other works of Rabbinical Law, such as the Hilkhot naḥalot : mi-sefer Mishneh Torah leha-Rambam,[61] and the Sefer ha-yerushot: ʻim yeter ha-mikhtavim be-divre ha-halakhah be-ʻAravit uve-ʻIvrit uve-Aramit[62] also deal with inheritance issues. The first, often abbreviated to Mishneh Torah, was written by Maimonides and was very important in jewish tradition. All these treatises insist on the right of the first son to receive a double share of his father's property. The Mishneh Torah states:
"A firstborn receives a double portion of his father's estate, as Deuteronomy 21:17 states: "To give him twice the portion."
What is implied? If a father left five sons, one the firstborn, the firstborn receives a third of the estate and each of the other four receives a sixth. If he left nine sons, the firstborn receives a fifth and each of the other eight receive a tenth. We follow this pattern in dividing the estate in all instances."[63][64]
Thus, the first son receives twice the portion of each of the other sons, not twice the portion of all that the other sons receive. If a father had three sons, for example, the first son would receive half of the estate and the other two sons a quarter each.
The distribution of inherited wealth is often unequal. The majority might receive little while only a small number inherit a larger amount, with the lesser amount given to daughter in the family. The amount of inheritance is often far less than the value of a business initially given to the son, especially when a son takes over a thriving multi-million dollar business, yet the daughter is given the balance of the actual inheritance amounting to far less than the value of business that was initially given to the son. This is especially seen in old world cultures, but continues in many families to this day.[65]
Arguments for eliminating the disparagement of inheritance inequality include the right to property and the merit of individual allocation of capital over government wealth confiscation and redistribution, but this does not resolve the problem of unequal inheritance. In terms of inheritance inequality, some economists and sociologists focus on the inter generational transmission of income or wealth which is said to have a direct impact on one's mobility (or immobility) and class position in society. Nations differ on the political structure and policy options that govern the transfer of wealth.[66]
According to the American federal government statistics compiled by Mark Zandi, currently of "Moody's Economy.com", back in 1985, the average inheritance was $39,000. In subsequent years, the overall amount of total annual inheritance was more than doubled, reaching nearly $200 billion. By 2050, there is an estimated $25 trillion average inheritance transmitted across generations.[67] Some researchers have attributed this rise to the baby boomer generation. Historically, the baby boomers were the largest influx of children conceived after WW2. For this reason, Thomas Shapiro suggests that this generation "is in the midst of benefiting from the greatest inheritance of wealth in history."[68]
The examples and perspective in this section deal primarily with USA and do not represent a worldwide view of the subject. Please improve this article and discuss the issue on the talk page. (September 2011) |
Inheritances are transfers of the unconsumed material accumulations of previous generations. Inheritances therefore take on a special meaning with respect to black and white Americans: they directly link the disadvantaged economic position and prospects of both white and mixed races, and in the case of black families that may have a disadvantaged positions with backgrounds of outright slavery of their ancestors.[69]
Sometimes, depending on one's race, one inherits an inevitable amount of privilege or disadvantage at the time of their birth. This is also notable in families with adopted children when one child may be more racially acceptable in the family than another child who is left with less, as a result of parental-child preference. A number of possible explanations for this gap have been suggested, particularly differences in income and various socio-economic characteristics between black and white households.[70] Some research reveals that race could be serving as a proxy for other, more fundamental, determinants of differences in inheritance. Among the findings, it was stated that a "father's education and variables indicating the economic conditions of childhood were the most important in predicting the size of inheritances."[71] Based on samples of households in 1976 and 1989, researchers found that white households are at least twice as likely to receive an inheritance (than black households), yet this is not always based on race that includes other factors. White households are almost three times as likely to expect to receive an inheritance in the future as a result of socio-economic situations and the dependence of many blacks on social welfare. Hence, controlling for other factors, these researchers found that race is important in explaining whether or not a household has received an inheritance and the size of the inheritance.[72]
Whites average both better health and inheritance than minority groups in the United States. Blacks and Hispanics are disadvantaged with respect to financial and human capital resources, more specifically, lower educational attainment, income, inheritances, and great concentrations in lower-skilled occupations.[73] Additionally, due to employment discrimination and residential segregation, minority households "have historically been denied the opportunity to accumulate wealth" and thus, acquire inheritance.[67]
Inheritance inequality has a significant effect on stratification. Inheritance is an integral component of family, economic, and legal institutions, and a basic mechanism of class stratification. It also affects the distribution of wealth at the societal level. The total cumulative effect of inheritance on stratification outcomes takes three forms. The first form of inheritance is the inheritance of cultural capital (i.e. linguistic styles, higher status social circles, and aesthetic preferences).[74] The second form of inheritance is through familial interventions in the form of inter vivos transfers (i.e. gifts between the living), especially at crucial junctures in the life courses. Examples include during a child's milestone stages, such as going to college, getting married, getting a job, and purchasing a home.[74] The third form of inheritance is the transfers of bulk estates at the time of death of the testators, thus resulting in significant economic advantage accruing to children during their adult years.[75] The origin of the stability of inequalities is material (personal possessions one is able to obtain) and is also cultural, rooted either in varying child-rearing practices that are geared to socialization according to social class and economic position. Child-rearing practices among those who inherit wealth may center around favoring some groups at the expense of others at the bottom of the social hierarchy.[76]
The degree to which economic status and inheritance is transmitted across generations determines one's life chances in society. Although many have linked one's social origins and educational attainment to life chances and opportunities, education cannot serve as the most influential predictor of economic mobility. In fact, children of well-off parents generally receive better schooling and benefit from material, cultural, and genetic inheritances.[77] Likewise, schooling attainment is often persistent across generations and families with higher amounts of inheritance are able to acquire and transmit higher amounts of human capital. Lower amounts of human capital and inheritance can perpetuate inequality in the housing market and higher education. Research reveals that inheritance plays an important role in the accumulation of housing wealth. Those who receive an inheritance are more likely to own a home than those who do not regardless of the size of the inheritance.[78]
Often, minorities and individuals from socially disadvantaged backgrounds receive less inheritance and wealth. As a result, mixed races might be excluded in inheritance privilege and are more likely to rent homes or live in poorer neighborhoods, as well as achieve lower educational attainment compared whites in America, but this is not always the case, as many interracial marriages exist that redistributes wealth among non-whites. Individuals with a substantial amount of wealth and inheritance often intermarry with others of the same social class to protect their wealth and ensure the continuous transmission of inheritance across generations; thus perpetuating a cycle of privilege. For this reason, it can even be argued that one's inheritance places them in a specific social class position that requires a level of participation in certain activities that promote the oppression of lower-class individuals in terms of the social hierarchy and system of stratification.
Nations with the highest income and wealth inequalities often have the highest rates of homicide and disease (such as obesity, diabetes, and hypertension). A New York Times article reveals that the U.S. is the world's wealthiest nation, but "ranks twenty-ninth in life expectancy, right behind Jordan and Bosnia." This is highly attributed to the significant gap of inheritance inequality in the country.[79] For this reason, it is clear that when social and economic inequalities centered on inheritance are perpetuated by major social institutions such as family, education, religion, etc., these differing life opportunities are transmitted from each generation. As a result, this inequality becomes part of the overall social structure.[80]
Many states have inheritance taxes or death duties, under which a portion of any estate goes to the government.
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