The principle of family solidarity based on heredes sui in roman pack law in the classical period

Abstract

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.

Keywords

• family
• wills
• heir
• heredes sui
• heredes necessarii