Book contents
- Frontmatter
- Contents
- Preface
- List of Contributors
- List of Abbreviations
- Table of Cases
- 1 A Comparative Overview
- 2 Compulsory Heirship in Roman Law
- 3 Succession Law in Scotland – a Historical Perspective
- 4 Succession Law in South Africa – a Historical Perspective
- 5 Freedom of Testation and the Ageing Testator
- 6 Testamentary Conditions and Public Policy
- 7 Forfeiture Clauses and Events in Scots Law
- 8 Revocation of Wills by Changed Circumstances
- 9 Fideicommissary Substitutions: Scots Law in Historical and Comparative Perspective
- 10 The conditio si institutus sine liberis decesserit in Scots and South African Law
- 11 The New Dutch Law of Succession
- 12 Revocability of Mutual Wills
- 13 Succession Agreements in South African and Scots Law
- Index
1 - A Comparative Overview
Published online by Cambridge University Press: 12 September 2012
- Frontmatter
- Contents
- Preface
- List of Contributors
- List of Abbreviations
- Table of Cases
- 1 A Comparative Overview
- 2 Compulsory Heirship in Roman Law
- 3 Succession Law in Scotland – a Historical Perspective
- 4 Succession Law in South Africa – a Historical Perspective
- 5 Freedom of Testation and the Ageing Testator
- 6 Testamentary Conditions and Public Policy
- 7 Forfeiture Clauses and Events in Scots Law
- 8 Revocation of Wills by Changed Circumstances
- 9 Fideicommissary Substitutions: Scots Law in Historical and Comparative Perspective
- 10 The conditio si institutus sine liberis decesserit in Scots and South African Law
- 11 The New Dutch Law of Succession
- 12 Revocability of Mutual Wills
- 13 Succession Agreements in South African and Scots Law
- Index
Summary
INTRODUCTION
This book reviews selected topics in the law of succession from a comparative and, in some instances, a historical perspective. It seems well to begin, however, with an overview of some of the comparative work that has already been carried out. Not only will this provide an idea of the present state of comparative work in the law of succession, but it will also serve as a context within which the other chapters in the book can be situated.
However, one cannot embark upon such an exercise without first asking a more fundamental question: what is the true nature of the law of succession? The primary function of the law of succession is to identify both the persons entitled to succeed to the deceased and also the property they are to receive. From the perspective of the testator (if there is a valid will) it guarantees, as far as the law allows, that the property reaches the destination determined by him. From the perspective of the heirs it guarantees that the property is transferred to them in a lawful and orderly fashion. Consequently, the law of succession facilitates continuity, it prevents self-help and it ensures a smooth transfer of wealth upon death.
In the course of this chapter it will become clear that the law of succession needs to be analysed within a broader economic and social context. This is because it fulfils both an economic and a social function.
- Type
- Chapter
- Information
- Exploring the Law of SuccessionStudies National Historical and Comparative, pp. 1 - 26Publisher: Edinburgh University PressPrint publication year: 2007