Wednesday, May 20, 2009

Tate on Late Roman Inheritance Law

Joshua C. Tate, Southern Methodist University School of Law, has posted a series of papers on Roman inheritance law. We noted earlier ones here and here. Now he has posted another, Codification of Late Roman Inheritance Law: Fideicommissa and the Theodosian Code, which appeared in Tijdschrift voor Rechtsgeschiedeni 76 (2008). Here's the abstract:
It has long been known that most of the private law content of the Theodosian Code has not been preserved independently of the Lex Romana Visigothorum, or Breviary of Alaric. Certain constitutions, not contained in the Breviary but dating to the period covered by the Theodosian Code, have survived in the Code of Justinian. There has been debate, however, as to whether all of these constitutions were contained in the Theodosian Code.

This Article discusses this problem with respect to a particular topic: fideicommissa. The Article considers whether a particular constitution, CJ 6.37.21, might have been included in the Theodosian Code either as part of a general rubric concerning inheritance or as part of a separate rubric on fideicommissa, and concludes by suggesting what the constitution might have looked like had it been included under a separate heading.

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