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The Roman Law of Trusts (Hardcover)
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The Roman Law of Trusts (Hardcover)
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Few legal institutions developed solely under the Roman Empire, but
there is one which can provide a rare illustration of the emperors'
involvement in building private law: although Roman law did not
recognize a `trust' in the same sense as it is used in common law
today, it did develop a device - the fideicommissum - which
achieved very similar ends. It has remained largely ignored, and
yet it is an ideal case study in the evolution of law. As the most
versatile institution of Roman inheritance law, it crucially
affected the strategies of succession open to testators, and gives
insights into a social history of testators' ambitions and
legislative concerns. Over six centuries the trust expanded at the
expense of established legal institutions, and with Justinian's
reforms it finally became dominant. This book studies the history
of the trust and its rise to prominence, with reference to the
possible influence of the Roman `fideicommissum'.
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