Donations in favor of concubine in Digest of Justinian Cover Image

Przysporzenia majątkowe na rzecz konkubiny w Digestach Justyniana
Donations in favor of concubine in Digest of Justinian

Author(s): Sławomir Patrycjusz Kursa
Subject(s): Law, Constitution, Jurisprudence, History of Law, Middle Ages, Canon Law / Church Law
Published by: Wydawnictwo Uniwersytetu w Białymstoku
Keywords: concubine; donation; legacy; trust; Digest; Justinian;

Summary/Abstract: This article is a contribution to show the evolution of the legal regulation of donations in favor of concubine in the legislation of Justinian. It contains an overview of all the extracts from Justinian’s Digest relating to donations in favor of concubine made by legal acts inter vivos and mortis causa. Analysis carried out on particular extracts reveals that apart from indicating the possibility of donations being made there is no mention of restrictions on their property values, and none of the fragments contained in the Digest refer either to testamentary inheritance, or intestate inheritance by a concubine after the deceased partner. Legal solutions approved in the Digest show that Justinian did not intend to carry on a restrictive policy towards concubinage, that characterized especially the legislation of Constantine the Great, but treated it positively and fully rationally.

  • Issue Year: 13/2014
  • Issue No: 2(2)
  • Page Range: 9-24
  • Page Count: 16
  • Language: Polish