Chapter

Fideicommissary Substitutions: Scots Law in Historical and Comparative Perspective

George L Gretton

in Exploring the Law of Succession

Published by Edinburgh University Press

Published in print October 2007 | ISBN: 9780748632909
Published online March 2012 | e-ISBN: 9780748651436 | DOI: http://dx.doi.org/10.3366/edinburgh/9780748632909.003.0019
Fideicommissary Substitutions: Scots Law in Historical and Comparative Perspective

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This chapter examines fideicommissary substitutions in Scots law from a comparative and historical standpoint, explaining that Scotland had a pre-Reformation inter vivos institution called the tailzied destination. About the beginning of the seventeenth century this began to split into two: the tailzie, containing clauses de non alienando et non contrahendo debitum, and the substitution without such clauses. The current position is that, in the law of succession, fideicommissary substitution de residuo still exists, while in inter vivos transfers of land, it is common in the form of the survivorship destination.

Keywords: fideicommissary substitutions; Scots law; Scotland; inter vivos institution; tailzied destination; non contrahendo debitum; law of succession; survivorship destination

Chapter.  9537 words. 

Subjects: Comparative Law

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