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Conference Paper: Intergenerational Inequality and the Reform of Intestacy Rules in China

TitleIntergenerational Inequality and the Reform of Intestacy Rules in China
Other TitlesInequality and Intestacy Reform in China
Authors
Issue Date2021
Citation
The 4th Conference on Modern Studies in the Law of Trusts and Wealth Management: Philanthropy in the Age of Covid-19: Asian and Global Perspectives, Virtual Conference, Singapore, 22- 23 July 2021 How to Cite?
AbstractIn 2020, the People’s Republic of China passed its first Civil Code, which contains reform of its intestacy rules. This paper examines this reform from the perspective of intergenerational inequality. We argue that equality plays a limited role in motivating China’s reform, which is more concerned with conventional values such as preserving wealth within the family, rewarding caregivers, and (to a much greater extent in China than in western jurisdictions) promoting good behavior amongst heirs. Some of these values perpetuate if not accelerate intergenerational inequality. In addition, we argue that with a widening wealth gap and consequential risk of social stability, China’s intestacy rules ought to give more attention to the issue of intergenerational inequality. Drawing from American literature, we propose ways to do so within the parameters of the current rules.
DescriptionCo-organised by the Centre for Commercial Law in Asia at Singapore Management University, the University of York, and the Asian Law Centre at Melbourne Law School, The University of Melbourne
Panel Session IV
Persistent Identifierhttp://hdl.handle.net/10722/310974

 

DC FieldValueLanguage
dc.contributor.authorHo, LKS-
dc.contributor.authorChang, F-
dc.date.accessioned2022-02-25T04:57:35Z-
dc.date.available2022-02-25T04:57:35Z-
dc.date.issued2021-
dc.identifier.citationThe 4th Conference on Modern Studies in the Law of Trusts and Wealth Management: Philanthropy in the Age of Covid-19: Asian and Global Perspectives, Virtual Conference, Singapore, 22- 23 July 2021-
dc.identifier.urihttp://hdl.handle.net/10722/310974-
dc.descriptionCo-organised by the Centre for Commercial Law in Asia at Singapore Management University, the University of York, and the Asian Law Centre at Melbourne Law School, The University of Melbourne-
dc.descriptionPanel Session IV-
dc.description.abstractIn 2020, the People’s Republic of China passed its first Civil Code, which contains reform of its intestacy rules. This paper examines this reform from the perspective of intergenerational inequality. We argue that equality plays a limited role in motivating China’s reform, which is more concerned with conventional values such as preserving wealth within the family, rewarding caregivers, and (to a much greater extent in China than in western jurisdictions) promoting good behavior amongst heirs. Some of these values perpetuate if not accelerate intergenerational inequality. In addition, we argue that with a widening wealth gap and consequential risk of social stability, China’s intestacy rules ought to give more attention to the issue of intergenerational inequality. Drawing from American literature, we propose ways to do so within the parameters of the current rules.-
dc.languageeng-
dc.relation.ispartofThe 4th Conference on Modern Studies in the Law of Trusts and Wealth Management: Philanthropy in the Age of Covid-19: Asian and Global Perspectives-
dc.titleIntergenerational Inequality and the Reform of Intestacy Rules in China-
dc.title.alternativeInequality and Intestacy Reform in China-
dc.typeConference_Paper-
dc.identifier.emailHo, LKS: lusinaho@hku.hk-
dc.identifier.authorityHo, LKS=rp01250-
dc.identifier.hkuros331858-

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