The Roman Law of Trusts

by David Johnston

Overview

This book traces the development of the Fideicommissa (trusts) in Roman law from late republican times to the codification under Justinian, examining an area of Roman law that is thought to have had considerable influence on the common law development of trusts.

Product Details

ISBN-13:	9780198252160
Publisher:	Oxford University Press
Publication date:	01/12/1989
Pages:	318
Product dimensions:	8.78(w) x 6.02(h) x 1.20(d)

About the Author

University of Michigan Law School

Table of Contents

	Abbreviations
I.	Theory, Practice, and History: Rudiments	1
II.	Action and Reaction: From Republic to Empire	21
III.	Conspiracy of Silence: Secret Trusts	42
IV.	The Dead Hand: Perpetuities and Settlements	76
V.	An End to the Horror: Trusts on Intestacy	117
VI.	Words, Deeds, and Doubts: Interpretation	155
VII.	Of Action and Execution: Procedure	222
VIII.	From Morals to Obligations: Evolution	256
	Select Bibliography	289
	General Index	293
	Index of Ancient Sources	299

Editorial Reviews

"Very few books have been published in English to explain a particular Roman legal institution. This is an excellent specimen and is, indeed, the most ambitious since W.W. Buckland, The Roman Law of Slavery in 1909....This book, with its analysis of important texts, which are given both in Latin and translated, is a splendid guide to a branch of law important for its understanding of the Roman psyche and the working of law."—The Classical Outlook

"An excellent history of the substantive law of fideicommissa from their origin in republican Rome until the time of Justinian....It is full of insights that will expand the horizons of anyone interested in the comparative study of trusts and decedents' estates."—American Journal of Legal History

"This challenging case study in legal evolution offers a fresh approach to neglected, yet important topic."—American Historical Review

"Specialists and advanced students of Roman culture and social history will find this a provocative introduction to the study of the development of the law within its social context."—Choice

From the Publisher