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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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Fideicommissary Substitutions: Scots Law in Historical and Comparative Perspective

Fideicommissary Substitutions: Scots Law in Historical and Comparative Perspective

Chapter:
(p.156) 9 Fideicommissary Substitutions: Scots Law in Historical and Comparative Perspective
Source:
Exploring the Law of Succession
Author(s):

George L Gretton

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748632909.003.0019

This chapter examines fideicommissary substitutions in Scots law from a comparative and historical standpoint, explaining that Scotland had a pre-Reformation inter vivos institution called the tailzied destination. About the beginning of the seventeenth century this began to split into two: the tailzie, containing clauses de non alienando et non contrahendo debitum, and the substitution without such clauses. The current position is that, in the law of succession, fideicommissary substitution de residuo still exists, while in inter vivos transfers of land, it is common in the form of the survivorship destination.

Keywords:   fideicommissary substitutions, Scots law, Scotland, inter vivos institution, tailzied destination, non contrahendo debitum, law of succession, survivorship destination

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