Fee Tail - Comparable Devices in Other Legal Systems

Comparable Devices in Other Legal Systems

Other European legal systems had comparable devices to keep estates together, especially in Spain and Northern European countries like Prussia. They are derived from fideicommissum, a legal institution in Roman Law. Unlike most of the English aristocracy, the Prussian junkers supported entails, and succeeded in reinstating them in 1853, after they had been abolished in a recent Constitution. In Germany and Austria the "Familienfideikommiss" was only abolished in 1938, and in Scandinavia they persisted even later - a few old Swedish entails still remain in force, though no new ones may be established.

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