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Exploring the Law of Succession: Studies National, Historical and Comparative

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Edited by: Kenneth Kenneth Reid, M. J. De Waal, Reinhard Zimmermann

ISBN13: 9780748632909
Published: October 2007
Publisher: Edinburgh University Press
Country of Publication: UK
Format: Hardback
Price: £80.00



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By comparison with other areas of private law, the law of succession has been neglected by modern scholars. This volume contributes to its rehabilitation by examining key issues in succession law from a variety of perspectives: national, historical and comparative. In particular it seeks to extend the techniques of legal comparison into an area of law where hitherto they have been little used. The jurisdictions most prominently featured are the mixed jurisdictions of Scotland and South Africa, but there are frequent comparative references, and special attention is given to the Netherlands as the country which has most recently re-written its succession law. The authors of the individual chapters are drawn from Scotland, South Africa, Germany, Italy and the Netherlands. Among the topics covered are freedom of testation, testamentary conditions and public policy, forfeiture clauses and events, revocation of wills by changed circumstances, revocation of mutual wills, fideicommissary substitutions, and succession agreements. The volume opens with an overview of the state of comparative law and with a consideration of compulsory heirship in Roman law.

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Subjects:
Comparative Law, Scots Law
Contents:
Preface
List of Contributors
Table of Statutes
Table of Cases
A Comparative Overview
Marius J de Waal
Compulsory Heirship in Roman Law
Reinhard Zimmermann
Succession Law in Scotland: a Historical Perspective
W David H Sellar
Succession Law in South Africa: a Historical Perspective
Francois du Toit
Freedom of Testation and the Ageing Testator
J C Sonnekus
Testamentary Conditions and Public Policy
James Chalmers
Forfeiture Clauses and Events in Scots Law
Roderick R M Paisley
Revocation of Wills by Changed Circumstances
M C Schoeman-Malan
Fideicommissary Substitutions: Scots Law in Historical and Comparative Perspective
George Gretton
The Conditio si institutus sine liberis decesserit in Scots and South African Law
Alan R Barr
The New Dutch Law of Succession
Sjef van Erp
Revocability of Mutual Wills
Alexandra Braun
Succession Agreements in South African and Scots Law
Dale Hutchison.