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Judge and JuristEssays in Memory of Lord Rodger of Earlsferry$
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Andrew Burrows, David Johnston, QC, and Reinhard Zimmermann

Print publication date: 2013

Print ISBN-13: 9780199677344

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199677344.001.0001

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‘Unworthiness’ in the Roman Law of Succession

‘Unworthiness’ in the Roman Law of Succession

Chapter:
(p.324) (p.325) 28 ‘Unworthiness’ in the Roman Law of Succession
Source:
Judge and Jurist
Author(s):

Reinhard Zimmermann

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199677344.003.0028

This chapter analyzes the grounds of unworthiness to be found in the Roman sources. It demonstrates that the Roman sources relating to a person being unworthy to succeed the deceased, or to receive a legacy from his estate, present a patchy picture. It has never been easy to understand the respective rules, intellectually to relate them to one other, and to conceptualize them. They were not designed according to a logical and well-considered master plan. It is also impossible to reduce the case law to a common denominator by identifying one guiding principle or policy concern.

Keywords:   Roman law, unworthiness, deceased, Roman sources, succession

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