Chapter

Property and Succession Rights<sup>☼</sup>

William M Gordon

in Roman Law, Scots Law and Legal History

Published by Edinburgh University Press

Published in print October 2007 | ISBN: 9780748625161
Published online September 2012 | e-ISBN: 9780748671571 | DOI: http://dx.doi.org/10.3366/edinburgh/9780748625161.003.0016
Property and Succession Rights☼

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Both in the law of property and the law of succession Scots law has historically contained rules discriminating against women, restricting their rights and limiting their control over property and its disposal. These rules may sometimes have had a historical justification based on the place accorded to women in society but they could not be maintained. Some change took place by private initiative limiting the general rules but equality has required a long process of legislative change. Formal equality, however, does not ensure actual equality in that equal access to property and hence to control over it is also required.

Keywords: Discrimination; Women's rights; Property; Succession; Matrimonial property; Access to property

Chapter.  8563 words. 

Subjects: History of Law

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