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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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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 14 May 2021

‘Unworthiness’ in the Roman Law of Succession

‘Unworthiness’ in the Roman Law of Succession

(p.324) (p.325) 28 ‘Unworthiness’ in the Roman Law of Succession
Judge and Jurist

Reinhard Zimmermann

Oxford University Press

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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