A Systematic And Historical Exposition of Roman Law in the Order of a Code
A Systematic And Historical Exposition of Roman Law in the Order of a Code
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2, 13, pr.) From the drctuDBtance that the Praetor and the Emperors made the law on the subject of disherison vary with the law of intestate succession, it is perhaps not improbable that the distinction in sec. 124 of Gains throws us back on a time when the right of daughters to the succession was not so clearly established as the right of sons. It may be an . indication of a preference of the male to the female line that had disappeared even so early as the XII Tables.
2. Persons falling under... the potestas or manus after the will is made, but before the testator's death. In this class is included posthumous children of the testator.
(1.) Posthumous children (postumt). These are children of the testator, who if bom in his lifetime would have been under his potestas, and entitled to succeed him if he died intestate.
Posthumous descendants ought to be either appointed heirs or dis- inherited. In one respect they are all on the same footing ; namely this, that whether it is a posthumous son or any of the other descendants, male or female, that is passed over, the will takes effect, but is afterwards broken by the birth of a posthumous descendant, male or female, and on that ground wholly invalidated.
What to read after A Systematic And Historical Exposition of Roman Law in the Order of a Code?
You can find similar books in the "Read Also" column, or choose other free books by Corpus Juris Civilis. Institutiones. [from Old Catalog] to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
2, 13, pr.) From the drctuDBtance that the Praetor and the Emperors made the law on the subject of disherison vary with the law of intestate succession, it is perhaps not improbable that the distinction in sec. 124 of Gains throws us back on a time when the right of daughters to the succession was not so clearly established as the right of sons. It may be an . indication of a preference of the male to the female line that had disappeared even so early as the XII Tables.
2. Persons falling under... the potestas or manus after the will is made, but before the testator's death. In this class is included posthumous children of the testator.
(1.) Posthumous children (postumt). These are children of the testator, who if bom in his lifetime would have been under his potestas, and entitled to succeed him if he died intestate.
Posthumous descendants ought to be either appointed heirs or dis- inherited. In one respect they are all on the same footing ; namely this, that whether it is a posthumous son or any of the other descendants, male or female, that is passed over, the will takes effect, but is afterwards broken by the birth of a posthumous descendant, male or female, and on that ground wholly invalidated.
What to read after A Systematic And Historical Exposition of Roman Law in the Order of a Code?
You can find similar books in the "Read Also" column, or choose other free books by Corpus Juris Civilis. Institutiones. [from Old Catalog] to read onlineMoreLess
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