Chapter

Action and Reaction: From Republic to Empire

DAVID JOHNSTON

in The Roman Law of Trusts

Published in print December 1988 | ISBN: 9780198252160
Published online March 2012 | e-ISBN: 9780191681356 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198252160.003.0002
Action and Reaction: From Republic to Empire

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Like the case of foreigners who are not allowed to take advantage of the various institutions of civil law, certain restrictions set within the Roman law limited those who were able to gain benefits by means of inheritances and legacies. In such situations, the gains derived from trusts become evident. Because trusts were not considered to be included in the already established legal order, such would allow a wider range of beneficiaries. Trusts were not acknowledged by civil law's traditional scheme, thus legal obligations are not created. The effectiveness of such setups relied greatly on the trustee's fides, thus the chosen trustee should not be without values of morality and honesty. Although there were developments between the late Republic and the Justinian period, trusts were perceived to be useful when entrusting something to a person who was not qualified under civil law. This chapter identifies the advantages of trusts to those covered by civil-law disabilities and how such developed throughout the first century.

Keywords: civil law; restrictions; inheritances; trusts; civil-law disabilities; trustee; legal obligations

Chapter.  8676 words. 

Subjects: History of Law

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