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Exploring the Law of SuccessionStudies National, Historical and Comparative$
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Kenneth Reid and Marius de Waal

Print publication date: 2007

Print ISBN-13: 9780748632909

Published to Edinburgh Scholarship Online: March 2012

DOI: 10.3366/edinburgh/9780748632909.001.0001

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Compulsory Heirship in Roman Law

Compulsory Heirship in Roman Law

Chapter:
(p.27) 2 Compulsory Heirship in Roman Law
Source:
Exploring the Law of Succession
Author(s):

Reinhard Zimmermann

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748632909.003.0012

This chapter examines the history of compulsory heirship in Roman law, providing an overview of the development of the idea of a right to obtain part of the estate even contrary to the will of the testator. It explains that this right is the historical root of the compulsory portion of modern law of succession and that the idea of succession, contrary to the last will, presupposes the recognition of testamentary succession itself. Thus, the validity of testamentary dispositions was dependent upon the fact that an heir had been instituted at the beginning of the testament.

Keywords:   compulsory heirship, Roman law, testator, law of succession, last will, testamentary succession

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