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

Online ISBN:
9780748651436
Print ISBN:
9780748632909
Publisher:
Edinburgh University Press
Book

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

Published online:
22 March 2012
Published in print:
26 October 2007
Online ISBN:
9780748651436
Print ISBN:
9780748632909
Publisher:
Edinburgh University Press

Abstract

By comparison with other areas of private law, the law of succession has been neglected by modern scholars. This book 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 that 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.

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