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Comparative Succession Law: Volume I: Testamentary Formalities

Kenneth G C Reid, Marius J. de Waal, and Reinhard Zimmermann (eds)

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199696802
eISBN:
9780191732065
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696802.001.0001
Subject:
Law, Company and Commercial Law

This book is about testamentary formalities, that is to say, about the requirements which the law of succession imposes in order for a person to make a will. How are wills made? What precisely are ... More


Compulsory Heirship in Roman Law

Reinhard Zimmermann

in Exploring the Law of Succession: Studies National, Historical and Comparative

Published in print:
2007
Published Online:
March 2012
ISBN:
9780748632909
eISBN:
9780748651436
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748632909.003.0012
Subject:
Law, Comparative Law

This chapter examines the history of compulsory heirship in Roman law, providing an overview of the development of the idea of a right to obtain part of the estate even contrary to the will of the ... More


Freedom of Testation and the Ageing Testator

J C Sonnekus

in Exploring the Law of Succession: Studies National, Historical and Comparative

Published in print:
2007
Published Online:
March 2012
ISBN:
9780748632909
eISBN:
9780748651436
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748632909.003.0015
Subject:
Law, Comparative Law

This chapter explores the issues of freedom of testation and the age of testator in relation to the law of succession, discussing the factors associated with the capacity to execute a last will, ... More


The Dead Hand: Perpetuities and Settlements

DAVID JOHNSTON

in The Roman Law of Trusts

Published in print:
1988
Published Online:
March 2012
ISBN:
9780198252160
eISBN:
9780191681356
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198252160.003.0004
Subject:
Law, Legal History

While one of the greatest limitations in legacies involved how a testator could only pass on certain properties to their heirs, trusts enabled a testator's will or intestacy to validly charge ... More


An End to the Horror: Trusts on Intestacy

DAVID JOHNSTON

in The Roman Law of Trusts

Published in print:
1988
Published Online:
March 2012
ISBN:
9780198252160
eISBN:
9780191681356
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198252160.003.0005
Subject:
Law, Legal History

In Roman law, legacies and wills were always encountered together since legacies could not be given without a will first being produced. In contrast to such arrangements, trusts could be issued ... More


Possessio civilissima in Spanish and German Law: Protecting Possession between Fact and Fiction

Descheemaeker Eric

in The Consequences of Possession

Published in print:
2014
Published Online:
May 2015
ISBN:
9780748693641
eISBN:
9781474400930
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748693641.003.0007
Subject:
Law, Comparative Law

In German Law, possession is generally regarded as a question of fact, whereas property is a legally undefined bundle of rights and privileges combined with the right to exclude others. Nonetheless, ... More


Voices from the Dust

Mark Z. Christensen

in Nahua and Maya Catholicisms: Texts and Religion in Colonial Central Mexico and Yucatan

Published in print:
2013
Published Online:
September 2013
ISBN:
9780804785280
eISBN:
9780804787314
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804785280.003.0008
Subject:
History, Latin American History

This chapter uses Nahua and Maya last will and testaments to expose the similarities and differences in how natives experienced Catholicism upon dying. It examines the preambles of testaments and ... More


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