Chapter

From Morals to Obligations: Evolution

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/9780198252160.003.0008
From Morals to Obligations: Evolution

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As trusts allowed persons other than heirs to be charged with benefits, this entailed several complex implications since it enabled trusts to be established in intestacy. Because trusts were not restricted to following a set form, they expanded and veered away from principles of civil law. Lastly, trusts were actionable only under cognitio — a specific procedural system. All in all, despite the fact that the classical law of trusts was at a disadvantage in terms of capacity, trusts still had advantages because they were not subject to much restriction. This concluding chapter first attempts to identify and examine the differences that are revealed in studying both legacies and trusts. After this, it considers how, in terms of classical law, legacy and trust may have some similar features, and how we may be able to synthesize the attributes of both.

Keywords: civil law; cognitio; procedural system; trusts; legacy; intestacy

Chapter.  13607 words. 

Subjects: History of Law

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