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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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Roman and Scots Law – the Conditiones si sine Liber is Decessert☼

Roman and Scots Law – the Conditiones si sine Liber is Decessert☼

(p.87) 8 Roman and Scots Law – the Conditiones si sine Liber is Decessert
Roman Law, Scots Law and Legal History

William M Gordon

Edinburgh University Press

A Roman origin is claimed for the conditio si institutus sine liberis decesserit which allows an heir to claim in preference to a substitute and the conditio si testator sine liberis decesserit which allows children to challenge a will which overlooks them. A Roman origin for the former has been questioned but the evidence is that the conditions do derive from Roman law but from medieval interpretations of texts which in the case of the latter are not apparently apposite. Once adopted the conditiones have been developed in ways not entirely in harmony with their source, a common phenomenon in Scots law.

Keywords:   Wills, Implied conditions, Conditiones si sine liberis, Civil law origin, Adaptation of Civil law

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