Jurisprudence: On the inheritance laws concerning the undead

Jurisprudence: On the inheritance laws concerning the undead
== Parties ==
The following case is a class suit of the silent majority of Calada and the Caladan department of missing limbs against the Imperial Elected Kingdom-state of Calada.
== Case ==
Being an undead creates a lot of problems. Since the recently dead typically return as several entities with vastly differing personalities and relations to the world, the deceased and those who reanimate are not considered the same person, the recently dead is legally deceased. This means that their property is seized by the government and the estate, a government fund to compensate for deceased relatives are distributed amongst their next of kin.
== Facts ==
The undead are denied inheritance counter claims when they manifest themselves to the public office. 
The undead, even if they are single manifestants (only one undead from the deceased returns to life) are denied counter claims by local authorities. 
The government claims that there are several cases where the multiple undead forms of the same individual. This causes errors in accounting and financial problems for local recovery services. 
The local government declares that they will apply inheritance law according to the "chain of the living principle". 
== Arguments ==
* Assault: The silent majority claims that the denial of counter claims to inheritance are a breach of citizen equity. 
* Defense: the state declines to honor these claims on the basis that they cannot give each undead form the equivalent of their former estate. 
* Defense: the state offers the compromise of splitting the estate between the undead created post vitam in the form of currency equivalent to the estates value. 
* Assault: The silent majority decline to agree to the terms, preferring the undead forms agree among themselves how the estate is handled. 
* Defense: the state reverts to its previous position of attributing inheritance according to the "chain of the living" principle. 
* Assault: The silent majority argued that the states position is patented discrimination against the silent majority and a rupture of citizen equity. 
== Legal elements ==
=== Definition of inheritance ===
Inheritance is the act for a or several living descendants to take possession of the estate of a deceased ascendant. 
=== Conditions of inheritance ===
Inheritance requires several conditions in order for the descendant to receive the estate. 
* The ascendant must be legally deceased. 
* The Imperial office of restitutions must be informed of the death in order to establish inventory of the deceased estate. 
* The Imperial tithe must be collected from the estate in the conditions set by the code of redistribution. 
* The Imperial office then takes possession of the deceased possessions, and the estate is then distributed to the lawful descendants of the deceased. 
=== Definition of the undead ===
Upon death, undead forms can emerge from a Dalmer. These forms undergo Undeath Personality Fracture Syndrome, which separate the original personality between the undead created. 
=== Definition of undeath personality fracture syndrome ===
Undeath personality fracture syndrome is the separation of a person's conscience post mortem into the undead forms. 
=== Relation of inheritance with the silent majority ===
Since the deceased are legally dead, their estate legally enters the domain of the empire. 
The personality of the undead being fractured, none of them qualify as being the deceased. 
=== Definition of citizen equity ===
Citizen equity is the principle that all citizens of the empire are equal in law and in fact. 
=== Relation of inheritance with citizen equity ===
As defined, citizen equity should ensure that all of a citizens possessions are protected in law and in fact. 
As such this entails that the possessions of the undead should be protected in law and in fact. 
=== Definition of the Chain of the living principle ===
The Chain of the living principle is the most important element in inheritance law. It entails that possessions can only go from living to the living. 
=== Relation of the undead with the Chain of the living principle ===
As such, the Chain of the living principle is in direct contradiction with civilian equity, and constitutes an exception to the principle of inheritance. 
=== Conditions for the qualification of inheritance laws concerning the undead ===
The elements as demonstrated tend to show that while the Chain of the living principle constitutes de facto a breach of citizen equity, the undead created post mortem cannot be ascertained as being the deceased. 
As such, the undead forms have no claim to the possessions of the deceased. 
== Solution ==
These elements tend to point that there is no way to ascertain undead forms issued from simple or complex manifestations are the same individual as the deceased. 
As such, inheritance law cannot be applied, and the principle of the Chain of the living remains the method of inheritance. 
Concerning the perceived loss of estate, the Imperial state, by the regency of the department of missing limbs, is in charge of the welfare and support of the undead. 
As such, the claims of the undead concerning their rights to support should be taken care of by the department of missing limbs. 
== Answer ==
Inheritance law continues to follow the Chain of the living principle. Initial support and welfare of the undead is attributed to the competent authorities in the department of missing limbs. 
== Similar Cases ==
== Legal sources ==
=== Codes ===
* Imperial Code of redistribution 
* Royal Code of conduct
* Local authorities code
* Special rights of the undead code
=== Jurisprudence ===
* On the attribution of estates 
* On the possessions of the undead 
* On preventing massive accumulation of wealth by the undead. 
Category:Short articles
Category:Undead
Category:Jurisprudence
Category:Pages with red links