Gaii Institutionum Iuris Civilis Commentarii Quatuor; Or Elements of Roman Law
Gaii Institutionum Iuris Civilis Commentarii Quatuor; Or Elements of Roman Law
Gaius
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The Praeteritio of a descendant who is suus heres to the testator or, but for emancipation, would be suus heres, en- titles the descendant to contra-tabular possession. If the praeteritus is suus heres, the will is absolutely void and contra-tabular posses- sion is an intestate succession : but if the praeteritus is emanci- patus, the effect of contra-tabular possession is to divide the inheritance between the praeteritus and other descendants who were instituted successors^ excluding both inst...ituted strangers and disinherited descendants. Contra-tabular possession might be claimed either by the prae- teritus himself, or by any of the instituted descendants. For if an instituted heir took less by his institution than he would by this partial intestacy, it would be his interest to claim contra-tabular possession, commisso per alium edicto, 'the edict having been made applicable by another,' i. e. by the pretermission of another descendant. The portions of the will that remained in force were : (i) The exheredations : for such of the liberi as were duly disinherited continued^ as was mentioned, excluded from the in- heritance : (2) The pupillary substitutions, the nature of which will here- after, § 179, be explained : (3) Legacies given to oertain conjunctae personae, e.
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