By comparison with other areas of private law, the law of succession has been neglected by modern scholars. This volume 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 which 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. The volume opens with an overview of the state of comparative law and with a consideration of compulsory heirship in Roman law.
By comparison with other areas of private law, the law of succession has been neglected by modern scholars. This volume 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 which 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. The volume opens with an overview of the state of comparative law and with a consideration of compulsory heirship in Roman law.
Preface; List of Contributors; Table of Statutes; Table of Cases; A Comparative Overview; Marius J de Waal; Compulsory Heirship in Roman Law; Reinhard Zimmermann; Succession Law in Scotland: a Historical Perspective; W David H Sellar; Succession Law in South Africa: a Historical Perspective; Francois du Toit; Freedom of Testation and the Ageing Testator; J C Sonnekus; Testamentary Conditions and Public Policy; James Chalmers; Forfeiture Clauses and Events in Scots Law; Roderick R M Paisley; Revocation of Wills by Changed Circumstances; M C Schoeman-Malan; Fideicommissary Substitutions: Scots Law in Historical and Comparative Perspective; George Gretton; The Conditio si institutus sine liberis decesserit in Scots and South African Law; Alan R Barr; The New Dutch Law of Succession; Sjef van Erp; Revocability of Mutual Wills; Alexandra Braun; Succession Agreements in South African and Scots Law; Dale Hutchison.
Kenneth G C Reid is Professor of Property Law at the University of Edinburgh. Marius J de Waal is Professor of Private Law and Roman Law at the University of Stellenbosch. Reinhard Zimmerman is Director of the Max Planck Institute for Foreign Private and Private International Law, Hamburg.
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