The Roman Law of Succession. An Overview

27 Pages Posted: 20 Jun 2017

See all articles by Rafael Domingo

Rafael Domingo

Emory University School of Law; University of Navarra - School of Law

Date Written: June 19, 2017

Abstract

The law of succession addresses the legal destiny of a person’s rights and duties after his death. Closely tied to the fundamental and peculiar features of Roman family and society, the law of succession presents vast difficulties for Roman lawyers because of its highly sophisticated nature and lack of systematic coherence. It is no coincidence that eleven out of fifty books in the Digest address the law of succession.

The development of the law of succession reflects important social changes in Roman economic structures and value systems. It echoes the progression from an old Roman agrarian society to a new commercial one. From a technical legal perspective, the law of succession reveals the tension between civil law and praetorian law. Without formally altering the civil law, the praetor introduced fundamental adjustments to protect emancipated persons, blood relatives in the female line, and surviving spouses, among others.

Keywords: Roman law, succession, will, inheritance, testament

Suggested Citation

Domingo, Rafael, The Roman Law of Succession. An Overview (June 19, 2017). Available at SSRN: https://ssrn.com/abstract=2989061 or http://dx.doi.org/10.2139/ssrn.2989061

Rafael Domingo (Contact Author)

Emory University School of Law ( email )

1301 Clifton Road
Atlanta, GA 30322
United States

HOME PAGE: http://law.emory.edu/

University of Navarra - School of Law ( email )

Universidad de Navarra
Campus Universitario
Pamplona, Navarra 31009
Spain

Register to save articles to
your library

Register

Paper statistics

Downloads
471
Abstract Views
1,596
rank
59,791
PlumX Metrics