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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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Revocability of Mutual Wills

Revocability of Mutual Wills

(p.208) 12 Revocability of Mutual Wills
Exploring the Law of Succession

Alexandra Braun

Edinburgh University Press

This chapter evaluates the contribution of seventeenth-century Dutch legal science in the revocation of mutual wills and its influence on the legal science of Europe. It outlines the development of the ius commune up to the eighteenth century and compares the evolution of the law from the eighteenth century onwards in some jurisdictions where mutual wills are still in use, such as Germany, England, Scotland, and South Africa. The chapter argues that the Roman-Dutch solutions to the problems concerning the revocation of mutual wills have influenced the jurists and courts of a large part of the European continent, and were also eventually adopted in England.

Keywords:   mutual wills, revocation of wills, Dutch legal science, Europe, ius commune, Germany, England, Scotland, South Africa

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