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单词 Class closing rules
释义 終結受益人類別的法則
Rules of construction in the law of succession, property and perpetuities having the effect of closing classes of beneficiaries. The general rule is that where a testator or settlor directs that a fund is to be divided among members of a finite class of beneficiaries at a time when the class is capable of increase, the class closes if at any time any member is entitled to call for a distribution of his or her share. At this time, the class may include members born before the date of distribution, but not yet entitled to call for payment of their share. By closing the class of potential beneficiaries, the rules may also have the effect of saving a gift from breaching the rule against perpetuities. Also known as ‘rule in Andrews v Partington’ ([1775-1802] All ER Rep 209, (1791) 3 Bro CC 401). See also Beneficiary; Class gift; Rule against perpetuities; Settlor.
有關繼承法、財產法、財產恒繼法的法律釋義法則,有終結某受益人類別的效力。一般的法則為,立遺囑人、財產贈予人作出指示將基金在受益人類別可增加時,向有限類別之受益人分配,在這種情況下,如任何時候任何成員,有權要求就其份額作出分配,受益人的類別即行終結。這時,受益人類別可包括,在分配日期前出生的、唯尚未有權要求支付其份額的成員。將受益人類別向潛在受益人終結,該等規則有產生保存饋贈的效力,即避免饋贈違反針對財產恒繼的法則。另稱「Andrews訴Partington的法則」([1775-1802] All ER Rep 209, (1791) 3 Bro CC 401)。另見 Beneficiary; Class gift; Rule against perpetuities; Settlor。
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更新时间:2025/4/4 22:28:09