Chapter

The <i>conditio si institutus sine liberis decesserit</i> in Scots and South African law

Alan R Barr

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/9780748632909.003.0020
The conditio si institutus sine liberis decesserit in Scots and South African law

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This chapter examines the history and current status of conditio si institutus sine liberis decesserit in Scots and African law. In South Africa, the pure rule in fideicommissary substitution seems reasonably clear and would presumably be altered only as part of more general changes in the law of fideicommissa. In Scotland, the Law Commission has also reviewed the rule, and favoured dispensing with its Latin name and giving it a statutory basis. The chapter suggests that it is possible that the common Roman origins of the conditio si institutes in Scots and South African law might be joined by further common considerations in the twenty-first century.

Keywords: Scots law; South African law; fideicommissa; statutory basis; Roman origins

Chapter.  7247 words. 

Subjects: Comparative Law

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