Chapter

Words, Deeds, and Doubts: Interpretation

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/9780198252160.003.0006
Words, Deeds, and Doubts: Interpretation

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Various textbooks have revealed that, in contrast to the institutions of Roman civil law, trusts were not subjected to the limitation brought about by the observance of strict form. While legacies had to be expressed in set words, trusts were not required to be of any specific form since they could be articulated or written in any language, or even conveyed through the use of gestures. However, looking into historical accounts reveals that it would seem difficult if not impossible to have trusts immediately accepted through any form. The chapter attempts to investigate more reliable sources to see whether this setup is more differentiated than it is conventionally portrayed. Also, the chapter discusses how trusts may be integrated and understood within the context of the aggregate Roman legal interpretation.

Keywords: Roman civil law; legacies; gestures; strict form; legal interpretation; trusts

Chapter.  28249 words. 

Subjects: History of Law

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