Roderick R M Paisley
- Published in print:
- 2007
- Published Online:
- March 2012
- ISBN:
- 9780748632909
- eISBN:
- 9780748651436
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748632909.003.0017
- Subject:
- Law, Comparative Law
This chapter examines the nature of forfeiture clauses and forfeiture events in Scots law. It explains that forfeiture clauses and events leading to disinheritance or the forfeiture of bequests are ...
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This chapter examines the nature of forfeiture clauses and forfeiture events in Scots law. It explains that forfeiture clauses and events leading to disinheritance or the forfeiture of bequests are well known in the field of succession as the means by which entitlements are forfeited in accordance with the express provision of the testator or by law. The chapter shows that a unitary approach to forfeiture clauses and events is possible and suggests that the study of succession must be reunited with the study of property law. This can be accomplished by regarding the law of succession as more than rules of distribution, but as extending to a study of vesting and of the role of executors.Less
This chapter examines the nature of forfeiture clauses and forfeiture events in Scots law. It explains that forfeiture clauses and events leading to disinheritance or the forfeiture of bequests are well known in the field of succession as the means by which entitlements are forfeited in accordance with the express provision of the testator or by law. The chapter shows that a unitary approach to forfeiture clauses and events is possible and suggests that the study of succession must be reunited with the study of property law. This can be accomplished by regarding the law of succession as more than rules of distribution, but as extending to a study of vesting and of the role of executors.
Kenneth Reid and Marius de Waal
- Published in print:
- 2007
- Published Online:
- March 2012
- ISBN:
- 9780748632909
- eISBN:
- 9780748651436
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748632909.001.0001
- Subject:
- Law, Comparative Law
By comparison with other areas of private law, the law of succession has been neglected by modern scholars. This book contributes to its rehabilitation by examining key issues in succession law from ...
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By comparison with other areas of private law, the law of succession has been neglected by modern scholars. This book contributes to its rehabilitation by examining key issues in succession law from a variety of perspectives: national, historical and comparative. In particular it seeks to extend the techniques of legal comparison into an area of law where hitherto they have been little used. The jurisdictions most prominently featured are the mixed jurisdictions of Scotland and South Africa, but there are frequent comparative references, and special attention is given to the Netherlands as the country that has most recently re-written its succession law. The authors of the individual chapters are drawn from Scotland, South Africa, Germany, Italy and the Netherlands. Among the topics covered are freedom of testation, testamentary conditions and public policy, forfeiture clauses and events, revocation of wills by changed circumstances, revocation of mutual wills, fideicommissary substitutions and succession agreements.Less
By comparison with other areas of private law, the law of succession has been neglected by modern scholars. This book contributes to its rehabilitation by examining key issues in succession law from a variety of perspectives: national, historical and comparative. In particular it seeks to extend the techniques of legal comparison into an area of law where hitherto they have been little used. The jurisdictions most prominently featured are the mixed jurisdictions of Scotland and South Africa, but there are frequent comparative references, and special attention is given to the Netherlands as the country that has most recently re-written its succession law. The authors of the individual chapters are drawn from Scotland, South Africa, Germany, Italy and the Netherlands. Among the topics covered are freedom of testation, testamentary conditions and public policy, forfeiture clauses and events, revocation of wills by changed circumstances, revocation of mutual wills, fideicommissary substitutions and succession agreements.
David Hopkins
- Published in print:
- 2021
- Published Online:
- July 2021
- ISBN:
- 9780198832805
- eISBN:
- 9780191926587
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198832805.003.0013
- Subject:
- Law, Company and Commercial Law, Employment Law
This chapter deals with forfeiture clauses, which are designed to provide a contractually regulated early end to the obligations of the parties under the contract. It explains how a forfeiture clause ...
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This chapter deals with forfeiture clauses, which are designed to provide a contractually regulated early end to the obligations of the parties under the contract. It explains how a forfeiture clause may allow determination for cause or determination without cause. It also points out that a forfeiture clause will not exclude common law rights to terminate and subsist in parallel to the forfeiture clause. This chapter assesses the standard forms of contract that often refer to forfeiture clauses as termination clauses and sometimes use the language of rescission. It defines rescission as the unwinding of a contract back to the point of its inception.Less
This chapter deals with forfeiture clauses, which are designed to provide a contractually regulated early end to the obligations of the parties under the contract. It explains how a forfeiture clause may allow determination for cause or determination without cause. It also points out that a forfeiture clause will not exclude common law rights to terminate and subsist in parallel to the forfeiture clause. This chapter assesses the standard forms of contract that often refer to forfeiture clauses as termination clauses and sometimes use the language of rescission. It defines rescission as the unwinding of a contract back to the point of its inception.
