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dc.contributor.authorChevalier-Watts, Julieten_NZ
dc.date.accessioned2017-01-04T22:59:18Z
dc.date.available2016en_NZ
dc.date.available2017-01-04T22:59:18Z
dc.date.issued2016en_NZ
dc.identifier.citationChevalier-Watts, J. (2016). The presumption of advancement: Is it time to relegate this doctrine to the annals of history? Lakehead Law Journal, 2(1), 15–30.en
dc.identifier.urihttps://hdl.handle.net/10289/10833
dc.description.abstractWhile the doctrine of the presumption of advancement and its applicability have been the subject of much judicial and academic criticism, this article reviews judicial approaches from Australasia and Canada and argues that the doctrine is still relevant in contemporary times. While it is evident that Canadian courts are not willing to support the place of the presumption of advancement in relation to gratuitous gifts by parents to adult children, Australasian jurisprudence supports a more expansive view, which is consistent with the basis of the doctrine. The more expansive view is that the natural bond of love and affection flows from a parent to child, irrespective of the age of the child, and this does not change, regardless of social, political, or economic constraints or changes. Therefore, it is argued that the doctrine is still a useful tool in the judicial toolbox for resolving family disputes today. As a result, the author does not support the relegation of this doctrine to the annals of history, because to do so would be to ignore the realities of contemporary economic pressures.
dc.format.mimetypeapplication/pdf
dc.language.isoen
dc.publisherLakehead Universityen_NZ
dc.rights© 2016 Copyright with the author.
dc.titleThe presumption of advancement: Is it time to relegate this doctrine to the annals of history?en_NZ
dc.typeJournal Article
dc.relation.isPartOfLakehead Law Journalen_NZ
pubs.begin-page15
pubs.elements-id144799
pubs.end-page30
pubs.issue1en_NZ
pubs.publisher-urlhttps://llj.lakeheadu.ca/issue/viewIssue/75/20en_NZ
pubs.volume2en_NZ


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