APPLICATIONS DU BROCART « OFFICIUM PIETATIS ERGA PROXIMOS »: À LA FRONTIÈRE ENTRE LE DROIT ET LA FOI À TRAVERS LES RÈGLES SUCCESSORALES
APPLICATIONS OF THE “OFFICIUM PIETATIS ERGA PROXIMOS” BROCHARD: ON THE LIMIT BETWEEN LAW AND FAITH IN THE LIGHT OF THE RULES OF SUCCESSION

Summary/Abstract: The „officium pietatis erga proximos” is a moral compass guiding various cultural and religious communities, which encourages individuals to fulfill their duty of devotion and responsibility towards those close to them, especially family members. In the sphere of inheritance law, this idea is reflected in legal provisions designed to protect legal heirs such as children, surviving spouse or other family members against total exclusion from inheritance. Bearing in mind also the brocard that „Deus solus haeredem facere potest non homo”, we will try in this paper to show how man has understood to express his affection towards his Near Neighbor by calling the latter an„heir”. Thus we shall treat of the liberalities which the person makes. Let us recall that the significance of the „Neighbor” is closely linked to the unification of norms which was accomplished under the rule of the Trinity.

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