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Roman Law, Scots Law and Legal HistorySelected Essays$
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William Gordon

Print publication date: 2007

Print ISBN-13: 9780748625161

Published to Edinburgh Scholarship Online: September 2012

DOI: 10.3366/edinburgh/9780748625161.001.0001

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PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 18 September 2021

Property and Succession Rights☼

Property and Succession Rights☼

(p.194) 16 Property and Succession Rights
Roman Law, Scots Law and Legal History

William M Gordon

Edinburgh University Press

Both in the law of property and the law of succession Scots law has historically contained rules discriminating against women, restricting their rights and limiting their control over property and its disposal. These rules may sometimes have had a historical justification based on the place accorded to women in society but they could not be maintained. Some change took place by private initiative limiting the general rules but equality has required a long process of legislative change. Formal equality, however, does not ensure actual equality in that equal access to property and hence to control over it is also required.

Keywords:   Discrimination, Women's rights, Property, Succession, Matrimonial property, Access to property

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