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Lesken jäämistöoikeudellisesta suojasta johtuvat ongelmat
(2024)
Opinnäytetyön tavoitteena oli perehtyä lesken asemaan perhe- ja jäämistöoikeudessa. Tarkoituksena oli syventyä etenkin lesken enimmäissuojan ja vähimmäissuojan säännöksiin ja niiden epätietoisuuteen. Edellä mainitun lisäksi opinnäytetyön tavoitteena...
The target of this thesis was to explore widow’s position in family and inheritance law. The purpose was to delve deeper, especially into the regulations of maximum protection and minimum protection for widows and the lack of awareness in the regulation. In addition to the aforesaid, the aim of the thesis was to investigate and find possible solutions and opportunities to predict and to prevent problems resulting from the widow’s maximum protection. The theoretical reference framework was built around existing legislation, jurisprudence, juridical literature and power relations within the estate. The widow's position in inheritance law and, more closely, in the estate in relation to other partners in the estate was clarified with the theoretical reference framework. The regulation regarding the widow's position comes directly from the Code of Inheritance. In the thesis, Code of Inheritance and regulation has been opened with the aid of legal practice and juridical literature. The purpose was to find faults and gaps in the regulation that dates back to the 19th century and how it serves in today´s changed environment. Qualitative-inductive analysis and reasoning were used in the thesis as analysis method. The most central research method in the thesis was legal dogmatics, which includes the study of legal theory and the interpretation of the legal order. With the legal dogmatic research method, the thesis aimed to find out the content of the widow's protection regulation in the Code of Inheritance and how the regulations are applied in practice after the first deceased spouse. The main legal sources were the regulation of inheritance law, which is the Code of Inheritance, legal praxis, juridical literature and legislative drafting. During the study and interpretation of legal sources, many problems and questions occurred. It was challenging to present direct gaps in the legislation due to its multidimensionality. The widow's protection regulation has been firmly rooted throughout the history in the Code of Inheritance, and changing the regulation of the Code of Inheritance is a heavy and slow process for the legislator. As a topic of family and inheritance law, the protection of widows is strongly connected to the thought model that protects human dignity and the position of the weakest. On closer inspection, it is a topic that encroaches on to personal life. Because of the personal nature, it can cause disagreements in the estates, and because of this, it is difficult to offer a direct solution that is fair to all to resolve problematic situations in order to neutralize the mutual personal relationships between the parties. As result it can be considered that problematic situations could, however, be solved maybe with heritage planning. For example, drawing up a will could be one possible solution to reduce the risk of problematic situations. In heritage planning, however, it is good to keep in mind what the testator's right state of will is and what is the most appropriate solution. Perhaps the added challenge in planning is how to plan the legacy so that the deceased’s own will is heard and at the same time plan a solution to anticipate possible inheritance disputes...
The target of this thesis was to explore widow’s position in family and inheritance law. The purpose was to delve deeper, especially into the regulations of maximum protection and minimum protection for widows and the lack of awareness in the regulation. In addition to the aforesaid, the aim of the thesis was to investigate and find possible solutions and opportunities to predict and to prevent problems resulting from the widow’s maximum protection. The theoretical reference framework was built around existing legislation, jurisprudence, juridical literature and power relations within the estate. The widow's position in inheritance law and, more closely, in the estate in relation to other partners in the estate was clarified with the theoretical reference framework. The regulation regarding the widow's position comes directly from the Code of Inheritance. In the thesis, Code of Inheritance and regulation has been opened with the aid of legal practice and juridical literature. The purpose was to find faults and gaps in the regulation that dates back to the 19th century and how it serves in today´s changed environment. Qualitative-inductive analysis and reasoning were used in the thesis as analysis method. The most central research method in the thesis was legal dogmatics, which includes the study of legal theory and the interpretation of the legal order. With the legal dogmatic research method, the thesis aimed to find out the content of the widow's protection regulation in the Code of Inheritance and how the regulations are applied in practice after the first deceased spouse. The main legal sources were the regulation of inheritance law, which is the Code of Inheritance, legal praxis, juridical literature and legislative drafting. During the study and interpretation of legal sources, many problems and questions occurred. It was challenging to present direct gaps in the legislation due to its multidimensionality. The widow's protection regulation has been firmly rooted throughout the history in the Code of Inheritance, and changing the regulation of the Code of Inheritance is a heavy and slow process for the legislator. As a topic of family and inheritance law, the protection of widows is strongly connected to the thought model that protects human dignity and the position of the weakest. On closer inspection, it is a topic that encroaches on to personal life. Because of the personal nature, it can cause disagreements in the estates, and because of this, it is difficult to offer a direct solution that is fair to all to resolve problematic situations in order to neutralize the mutual personal relationships between the parties. As result it can be considered that problematic situations could, however, be solved maybe with heritage planning. For example, drawing up a will could be one possible solution to reduce the risk of problematic situations. In heritage planning, however, it is good to keep in mind what the testator's right state of will is and what is the most appropriate solution. Perhaps the added challenge in planning is how to plan the legacy so that the deceased’s own will is heard and at the same time plan a solution to anticipate possible inheritance disputes...
