Fritz Schulz once famously described the Roman law of inheritance as "labyrinthine" and it is deemed to be the most complex part of the Roman legal system. As Rome evolved from a city-state to an imperial power, the rules of inheritance often changed because of the economic importance of acquisition at death. These changes are reflected in the Corpus iuris civilis, despite the best efforts of the compilers of the Corpus to eliminate variations in the text in order to standardise the existing material for the purposes of their compilation.The Roman Law of Inheritance gives the reader an insight into the content, structure and evolution of Roman inheritance law and provides an understanding of a fundamental part of Roman legal thought. In addition, it tackles the most difficult features of Roman law of inheritance, including the fideicommissa and the interpretation of wills which are explained against the background of historical stratification.
Ulrike Babusiaux is a Professor at the Faculty of Law at the University of Zurich. Ulrike Babusiaux is a Professor at the Faculty of Law at the University of Zurich.
PrefaceChapter 1 – IntroductionChapter 2 - The General Historical and Legal frameworkChapter 3 - The Rules of IntestacyChapter 4 - The Position of the HeirChapter 5 - The Protection of the Position of HeirChapter 6 - The Testamentary Order of SuccessionChapter 7 - Protecting Inheritance Expectations and the Rules of DisinheritanceChapter 8 - The Law of LegaciesChapter 9 - The Interpretation of WillsChapter 10 - Final Conclusions
The teaching of Roman law in the Anglophone world is flourishing. The law of succession is an integral part of teaching Roman law as it demonstrates the real-world concerns informing the opinions of the Roman jurists. Babusiaux’s insightful work on the Roman law of succession is an essential addition to the subject. It will undoubtedly be used widely.