Donnadogsoth Posted March 28, 2016 Posted March 28, 2016 What if you inherited property X with obligation Y, but were unaware of obligation Y when you inherited property X? You get a bill for Y and say, "I didn't know I had this obligation, and am therefore not paying it!"
vahleeb Posted March 28, 2016 Posted March 28, 2016 What if you inherited property X with obligation Y, but were unaware of obligation Y when you inherited property X? You get a bill for Y and say, "I didn't know I had this obligation, and am therefore not paying it!" Inheritance is full disclosure so the situation you mention is not possible.
Donnadogsoth Posted March 29, 2016 Posted March 29, 2016 Inheritance is full disclosure so the situation you mention is not possible. In a fantasy universe where everything goes according to plan, yes. But what if you weren't given full disclosure and had begun to make use of, even selling parts of, the property before realising its obligations? Who pays to clean up the mess?
labmath2 Posted March 29, 2016 Posted March 29, 2016 I spoke of unchosen positive obligations. You're referring to a chosen positive obligation. Based on your ealier objection to the hypothetical "homeowners association" enforcing rules, and your comment here, i think its safe to assume our disgreement lies in what obligations are transferable and under what conditions. In light of that, let me ask some questions. The questions will be based on a gated community created by a group of homeowners. They created a HA (homeowners association) that acts as democratic DRO. One of the conditions to joining that community (living there) is accepting the terms of the HA. 1. Are the children of the initial owners bound by the rules of the HA after they become adults? 1a. Can a child of an initial resident take legal(not a reference to government) action against the HA if they lock him out of the community because of trying to enter past curfew? 1b. Can the HA forcibly take the radio of a child of an initial resident for breaking the noise rule by the HA? 2. Is an inheritor of a house required (under threat of force) to follow the rules of the HA? 3. Is a buyer required to follow the rules of the HA? Instead of a gated community, what if it were an apartment complex with individuals owning their own apartments, and the complex is managed by a management company (I think these set ups are more common in large cities like New York).Here the threat of ostracism carries no value in dealing with transgressors, so that physical force (or legal action) backs the rules set by the management company. Would this be immoral and why? If none of the above example is a case of obligation transferring with rights, then in what case can obligation be tied to rights and why?
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