Chapter

The Dead Hand: Perpetuities and Settlements

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/9780198252160.003.0004
The Dead Hand: Perpetuities and Settlements

Show Summary Details

Preview

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 property on any beneficiary. While the implications of such arrangements involved how the said beneficiaries were also allowed to make further trusts, this paved the way for perpetuities to occur through fideicommissary substitution. This chapter attempts to look into instances within classical Roman law that exhibit perpetual family settlements up to the mid-third century. Also, the chapter examines dispositions wherein properties are being settled within the family name. After providing a comparison between the various features of tomb settlements and private-law dispositions, the chapter lastly identifies points in history that conditioned which settlement types would be implemented across Roman society and how they developed up to the Justinian period.

Keywords: legacies; testator; heir; beneficiary; family settlements; fideicommissary substitution

Chapter.  16631 words.  Illustrated.

Subjects: History of Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.