Fideicommissary Substitutions: Scots Law in Historical and Comparative Perspective
Fideicommissary Substitutions: Scots Law in Historical and Comparative Perspective
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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