Roman Succession Law: History, Types, and Evolution
Where is the First Evidence of Roman Succession?
The need to ensure the continuity of the gens, where the son or nearest blood relative of the deceased pater familias takes his place, is evident.
What is the First Manifestation of Succession in Rome?
It is reflected in intestate succession and the manifestation of the pater’s will after his death, revealed through different types of wills.
What are the Categories of Succession?
- Intestate Succession
- Probate (Testamentary Succession)
- Succession by the Twelve Tables
What are the Ways to Testify?
- Civil Law
- Pre Tonari
- Right under the Empire
What were the Three Special Types of Fitness to be an Heir?
- Necessary in general
- Ius capendi or right to take possession
- Absence of indignitas (unworthiness)
Intestate Succession Under the Law of the Twelve Tables and the Praetorian System
According to the Twelve Tables, there were three classes of heirs:
- Sui heredes: legitimate descendants under the pater’s custody at the time of death.
- The nearest agnatic relative of the deceased.
- The gentiles (members of the same clan).
Pre Tonari: Children conceived take succession of the mother, preference for cognates; grandchildren inherit from their grandmother when there are no children. Novels 118 and 127 of Justice changed this: blood relatives of the deceased are considered, without regard to agnatic ties, prioritizing descendants of either sex and degree, then bilateral siblings.
What were the Three Types of Succession Provided by Roman Law?
- Legitimate (Intestate)
- Probate (Testamentary)
- Informal
Who was Excluded from Inheritance According to the Romans?
Those descending through the female line.
Who Inherited According to the Law of the Twelve Tables?
Children in the first place as direct heirs; if there were no children, agnates inherited; lacking these, gentiles inherited.
Who was Likely to Cause Blunt Mortis Succession?
The parter familias, as the keeper of the estate.
According to Oredigo, What is Succession?
It is a change of owner in all legal actions of an individual’s heritage upon their death.
What is Savino Ventura’s Concept of Succession?
Rights were tantamount to the transfer of acquisition by a person outside Delos, abandoning the rights of others.
What is the Evolution of the Will in Roman Law?
The will is the rightful declaration of intent regarding what one wants to be done after their death.
Intestate Succession in the Twelve Tables
This occurred when there was no will, if the will was invalid, or if the testamentary heir could not accept the inheritance.
Serbian Heritage Originating in Roman Law
Serbia viewed succession as a means of transferring sovereignty rather than asset transfer.
What Kind of Legal Relationship Was Not Subject to Inheritance in Roman Law?
Probate.
What is a Lying Legacy?
A heritage not yet accepted by the Crown, as the testamentary heir has not accepted it.
How is Probate Defined?
It can be defined as a personal, unilateral, and solemn act containing one or several heirs and intended to produce effects only after the death of the actor.
What were the Early Forms of the Roman Testament?
- Calatis comitiis testament
- Will in procinctu
Oldest Forms of Wills and Emerging Figures
- Calatis testament
- Aes et Libram
- Will in procinctu
Engels on Roman Inheritance Law in Origin of the Family, Private Property and the State
As parental right reigned in the Roman gens, descendants through the female line were excluded from inheritance.
What is Needed for an Heir?
- The death of a subject
- The capacity of the deceased to have an heir
- The capacity and acceptance of the heir
Cabanellas’ Definition of Mortis Causa Succession
It is the transfer of the rights and obligations of a deceased person to those who can and will exercise them and comply with them.
When is a Person Intestate?
When they have not prepared a will.
Three Ways to Acquire Status During Life in Rome
- Queli liberti: those subjected to slavery and then freed.
- Sui iuris: those independent of paternal authority.
- Women who were under the manus (hand) of their husband.
The Praetorian System
It was based on custom. When there were two contenders for the right to inheritance, the praetor decided beforehand which of them should be considered the holder of the estate during the proceedings.
Who Benefited from Imperial Constitutions?
Cognates (blood relatives) were benefited.
What are the Three Parts of a Tripartite Will?
- Text
- Subscription of seven witnesses
- Seals of the witnesses
How is the Appointment of an Heir Defined?
- Probate (Testamentary)
- Intestate
Three Ways a Heritage is Transmitted
When there is property, including assets and liabilities, which constitutes an estate.