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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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PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 13 October 2019

The conditio si institutus sine liberis decesserit in Scots and South African law

The conditio si institutus sine liberis decesserit in Scots and South African law

Chapter:
(p.177) 10 The conditio si institutus sine liberis decesserit in Scots and South African law
Source:
Exploring the Law of Succession
Author(s):

Alan R Barr

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748632909.003.0020

This chapter examines the history and current status of conditio si institutus sine liberis decesserit in Scots and African law. In South Africa, the pure rule in fideicommissary substitution seems reasonably clear and would presumably be altered only as part of more general changes in the law of fideicommissa. In Scotland, the Law Commission has also reviewed the rule, and favoured dispensing with its Latin name and giving it a statutory basis. The chapter suggests that it is possible that the common Roman origins of the conditio si institutes in Scots and South African law might be joined by further common considerations in the twenty-first century.

Keywords:   Scots law, South African law, fideicommissa, statutory basis, Roman origins

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