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18 Edinburgh L. Rev. 1 (2014)

handle is hein.journals/edinlr18 and id is 1 raw text is: The Edinburgh Law Review 18.1 (2014): 1-28 Edinburgh University Press DOI: 10.3366/elr.2014.0185 @ Edinburgh Law Review Trust and the Contributors www.euppublishing.com/elr Enforcing the Liferenter's Obligation to Repair Phillip Hellwege* A. INTRODUCTION B. THE ROMAN LAW (1) The obligation to repair (2) The obligation to repair and the cautio usufructuaria (3) The obligation to repair in absence of the cautio usufructuaria C. THE DEVELOPMENT IN THE CONTINENTAL IUS COMMUNE (1) The duty to repair and the cautio usufructuaria (2) Right to dispense with cautio usufructuaria (3) An obediential or a conventional approach? D. THE DEVELOPMENT IN SCOTLAND (1) The statutory law (2) The institutional writers (3) The case law E. THE AFTERMATH OF STRONACH'S EXECUTORS V ROBERTSON A. INTRODUCTION A liferenter has the right to use the fiar's property. Furthermore, he has the right to possession. Only after termination of the liferent can the fiar take up possession and use the property himself. In the meantime, the fiar will want the liferenter to maintain the property, for example, to carry out repairs. In 2002 the Court of Chair of Private Law, Commercial Law and Legal History, University of Augsburg. This article is based on the authors Habilitationsvortrag at the University of Regensburg on 22 July 2009. It was first published as Die Erhaltung der Nieibrauchssache: Ra6misches Recht, gemeines Recht und schottisches Recht (2011) 79 Tijdschrift voor Rechtsgeschiedenis 81. My thanks go to George Gretton for his helpful comments on an earlier draft of the English version of this article. All remaining errors are of course mine. 1

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