Book contents
- Frontmatter
- Contents
- ROMAN LAW AND THE LEGAL WORLD OF THE ROMANS
- 1 Introduction
- 2 Roman History – The Brief Version
- 3 Sources of Roman Law
- 4 Sources for Roman Law
- 5 The Legal Professions
- 6 Legal Education
- 7 Social Control
- 8 Legal (In)equality
- 9 Writing and the Law
- 10 Status
- 11 Civil Procedure
- 12 Contracts
- 13 Ownership and Possession
- 14 Other Rights over Property
- 15 Inheritance
- 16 Women and Property
- 17 Family Law
- 18 Delict
- 19 Crimes and Punishments
- 20 Religious Law
- 21 Law in the Provinces
- 22 Conclusion
- Documents
- Glossary
- Further Reading
- Index
15 - Inheritance
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- ROMAN LAW AND THE LEGAL WORLD OF THE ROMANS
- 1 Introduction
- 2 Roman History – The Brief Version
- 3 Sources of Roman Law
- 4 Sources for Roman Law
- 5 The Legal Professions
- 6 Legal Education
- 7 Social Control
- 8 Legal (In)equality
- 9 Writing and the Law
- 10 Status
- 11 Civil Procedure
- 12 Contracts
- 13 Ownership and Possession
- 14 Other Rights over Property
- 15 Inheritance
- 16 Women and Property
- 17 Family Law
- 18 Delict
- 19 Crimes and Punishments
- 20 Religious Law
- 21 Law in the Provinces
- 22 Conclusion
- Documents
- Glossary
- Further Reading
- Index
Summary
Any society with private property needs rules to determine how to distribute a person's things when he dies. In Rome, this need was particularly acute because inheritance was more important than it is today as a means of acquiring wealth. Business opportunities certainly existed, but they were relatively rare and risky. Fewer people “made” fortunes, and more were born into them. In principle, a Roman citizen was able to distribute his property to other Roman citizens after death in virtually any way he desired. This was done by leaving a document we call a “will” (and the Romans called a testamentum). Over time, certain limitations arose, some of which were then weakened or even rescinded. The writer of a will named one or more heirs to the whole estate (in potentially unequal shares), but also had the option of first giving specific items or amounts off the top as “legacies.” If someone failed to write a will, or if the will were judged invalid for failing to meet one of its many formal requirements, then the estate was distributed by a standardized set of rules. The general principle at all times was to give equal shares to the closest relatives, though the definition of “closest relative” shifted somewhat over time. At the same time, a device evolved that allowed some restrictions to be evaded (by instructing a beneficiary to pass on wealth).
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- Information
- Roman Law and the Legal World of the Romans , pp. 153 - 164Publisher: Cambridge University PressPrint publication year: 2010