Chapter Summary
Of all the areas of Roman law considered in this book, the law of succession has perhaps the most complex history. The principal reason for this is that, while succession was a major focus of legislative and praetorian intervention, this tended to involve adding additional complexity to the existing system rather than replacing it.
An example of this is the preference for agnatic relations in intestate succession. This was circumvented rather than abolished by praetorian intervention. Again, the fundamental principle of universal succession, by which the heir stepped entirely into the deceased’s shoes for all purposes, including liability for debts, was preserved in theory but circumvented in practice by the introduction of protections for heirs and creditors.Further Reading
G.2.97-289; 3.1-87
J.2.9.6-3.9
D.5.2-3; 28-38; 43.2-3
C.3.28; 6.9-62; 8.56-8
Nov.18; 92; 107; 115; 118; 127; 159
J C Gardner, ‘The Origin and Nature of the Legal Rights of Spouses and Children in the Scottish Law of Succession’ (1927) 39JR 209 (Part 1) and 313 (Part 2)
D Johnston, The Roman Law of Trusts (Clarendon Press 1988)
H Lindsay, ‘Adoption and Succession in Roman Law’ (1998) 3 Newcastle L Rev 57
E Metzger ed, A Companion to Justinian’s Institutes (Duckworth 1998) chapter 4
F du Toit, ‘The Impact of Social and Economic Factors on Freedom of Testation in Roman and Roman-Dutch Law’ (1999) 10 Stellenbosch L Rev 232
A Watson, The Law of Succession in the Later Roman Republic (Oxford University Press 1971)
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