The principle of family solidarity based on heredes sui in roman pack law in the classical period
Objectives Death doesn’t deprive all the rights and obligations of which the deceased person was the subject during his or her lifetime, but only those whose legal relationships arose in connection with his or her individualisation. All the rest, despite the death of the subject, remains the so-call...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Wyższa Szkoła Gospodarki Euroregionalnej im. Alcide De Gasperi
2024-03-01
|
| Series: | Journal of Modern Science |
| Subjects: | |
| Online Access: | https://www.jomswsge.com/Zasada-solidarnosci-rodzinnej-w-oparciu-o-heredes-sui-w-rzymskim-prawie-spadkowym,185530,0,2.html |
| _version_ | 1797209751877058560 |
|---|---|
| author | Kamila Pogorzelec |
| author_facet | Kamila Pogorzelec |
| author_sort | Kamila Pogorzelec |
| collection | DOAJ |
| description | Objectives
Death doesn’t deprive all the rights and obligations of which the deceased person was the subject during his or her lifetime, but only those whose legal relationships arose in connection with his or her individualisation. All the rest, despite the death of the subject, remains the so-called heritage, which is intended to pass on to other living persons. Roman law has developed a principle stating that the right to an inheritance is only for certain persons. In particular, to whom, in what way and with what effect the succession was to be allocated was determined by the rules of succession law, with obvious regard to the interests of the family, the state and religion, on the basis of the principle of family solidarity.
Material and methods
Digesta, Institutions of Gaius, other legal sources, historical method
Results
Ensuring the continuity of the family name by taking over the inheritance by the heir sui heredes and the family name is a well-established order in Roman society, ordering to protect the relationship of members of the most intimate and delicate structure which is the family, thus limiting the freedom of testing. The law constructed in this way was supposed to make it difficult for the heir to transfer the property and the family name outside the family.
Conclusions
The principle of family solidarity is, strictly speaking, a rule requiring special protection over a specific value, which is the family, and it is also an unmentioned component of the way to maintain family continuity. |
| first_indexed | 2024-04-24T09:59:41Z |
| format | Article |
| id | doaj.art-57da4b81761842eea5501abdc9dee57f |
| institution | Directory Open Access Journal |
| issn | 1734-2031 2391-789X |
| language | English |
| last_indexed | 2024-04-24T09:59:41Z |
| publishDate | 2024-03-01 |
| publisher | Wyższa Szkoła Gospodarki Euroregionalnej im. Alcide De Gasperi |
| record_format | Article |
| series | Journal of Modern Science |
| spelling | doaj.art-57da4b81761842eea5501abdc9dee57f2024-04-13T15:30:27ZengWyższa Szkoła Gospodarki Euroregionalnej im. Alcide De GasperiJournal of Modern Science1734-20312391-789X2024-03-0155161963310.13166/jms/185530185530The principle of family solidarity based on heredes sui in roman pack law in the classical periodKamila Pogorzelec0https://orcid.org/0000-0003-3964-6311Uniwersytet RzeszowskiObjectives Death doesn’t deprive all the rights and obligations of which the deceased person was the subject during his or her lifetime, but only those whose legal relationships arose in connection with his or her individualisation. All the rest, despite the death of the subject, remains the so-called heritage, which is intended to pass on to other living persons. Roman law has developed a principle stating that the right to an inheritance is only for certain persons. In particular, to whom, in what way and with what effect the succession was to be allocated was determined by the rules of succession law, with obvious regard to the interests of the family, the state and religion, on the basis of the principle of family solidarity. Material and methods Digesta, Institutions of Gaius, other legal sources, historical method Results Ensuring the continuity of the family name by taking over the inheritance by the heir sui heredes and the family name is a well-established order in Roman society, ordering to protect the relationship of members of the most intimate and delicate structure which is the family, thus limiting the freedom of testing. The law constructed in this way was supposed to make it difficult for the heir to transfer the property and the family name outside the family. Conclusions The principle of family solidarity is, strictly speaking, a rule requiring special protection over a specific value, which is the family, and it is also an unmentioned component of the way to maintain family continuity.https://www.jomswsge.com/Zasada-solidarnosci-rodzinnej-w-oparciu-o-heredes-sui-w-rzymskim-prawie-spadkowym,185530,0,2.htmlfamilywillsheirheredes suiheredes necessarii |
| spellingShingle | Kamila Pogorzelec The principle of family solidarity based on heredes sui in roman pack law in the classical period Journal of Modern Science family wills heir heredes sui heredes necessarii |
| title | The principle of family solidarity based on heredes sui in roman pack law in the classical period |
| title_full | The principle of family solidarity based on heredes sui in roman pack law in the classical period |
| title_fullStr | The principle of family solidarity based on heredes sui in roman pack law in the classical period |
| title_full_unstemmed | The principle of family solidarity based on heredes sui in roman pack law in the classical period |
| title_short | The principle of family solidarity based on heredes sui in roman pack law in the classical period |
| title_sort | principle of family solidarity based on heredes sui in roman pack law in the classical period |
| topic | family wills heir heredes sui heredes necessarii |
| url | https://www.jomswsge.com/Zasada-solidarnosci-rodzinnej-w-oparciu-o-heredes-sui-w-rzymskim-prawie-spadkowym,185530,0,2.html |
| work_keys_str_mv | AT kamilapogorzelec theprincipleoffamilysolidaritybasedonheredessuiinromanpacklawintheclassicalperiod AT kamilapogorzelec principleoffamilysolidaritybasedonheredessuiinromanpacklawintheclassicalperiod |