|
In civil and property law, hotchpot (sometimes referred to as hotchpotch or the hotchpotch rule) refers to the blending or combining of property in order to ensure equality of division.〔Webster's New Collegiate Dictionary, ISBN 0-87779-339-5〕〔(【引用サイトリンク】url=http://www.nolo.com/dictionary/hotchpot-term.html )〕 It usually arises in cases of divorce or to allocate shares of a deceased person's estate subsequent to advances or lifetime gifts made by the decedent. The name hotch-pot is taken from a kind of pudding. The term is derived from the French word ''hocher'', or "shake." It was used as early as 1292 as a legal term, and from the 15th century in cooking for a sort of broth with many ingredients (see Hodge-Podge soup), and so it is used figuratively for any heterogeneous mixture. ==United Kingdom== In English law, Hotch-pot or hotch-potch is the name given to a rule of equity whereby a person, interested along with others in a common fund, and having already received something in the same interest, is required to surrender what has been so acquired into the common fund, on pain of being excluded from the distribution. The same principle is to be found in the ''collatio bonorum'' of Roman law: emancipated children, in order to share the inheritance of their father with the children unemancipated, were required to bring their property into the common fund. It is also found in the law of Scotland in cases of succession and is known as ''collatio inter liberos''. Likewise, hotchpot exists in South Africa also with respect to succession under the name "collation". Hotchpot was abolished for persons dying intestate on or after January 1, 1996, by section 1(2) of the Law Reform (Succession) Act 1995. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Hotchpot」の詳細全文を読む スポンサード リンク
|