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Familiapecuniaque and the Pater familias' Disposal with the Property in the Early Times of the Roman Empire

Publication at Faculty of Law |
2019

Abstract

The core of the paper focused on the testamentary and intestate succession according to the decemviral legislation. Following issues were discussed: interpretation of the terms familia (as in the material - property sense) and pecunia and their differentiation; identification of the original wording of the Twelve Tables regarding the testamentary and intestate succession (Tab V, 3-5); relations amongst testamentary and intestate succession and its development towards the precedence of the testamentary succession against the intestate succession; the way the calate testament is being made and the content thereof; the emergence and the functioning of the mancipation testament; their internal relations; the meaning of the verb legare (Tab V, 3: uti legassit ... ita ius esto), etc.