РОМАНИСТИЧНИ СЪОБРАЖЕНИЯ ЗА УСТОЙЧИВОСТТА НА ТЕРМИНИТЕ „НАСЛЕДНИК“ И „НАСЛЕДСТВО“
ROMANISTIC CONSIDERATIONS ON RESISTANCE OF THE TERMS 'HEIR' AND 'SUCCESSION'
Author(s): Riccardo CardilliSubject(s): Law, Constitution, Jurisprudence, Law and Transitional Justice, Law on Economics, EU-Legislation, Sociology of Law, Maritime Law, Commercial Law, Sharia Law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: solemnis mos; ius civile; successio mortis causa; heredes sui; testamentum; de cuius; hereditas; heres
Summary/Abstract: The article presents the terms and concepts of heir and inheritance, formed in the archaic era by solemnis mos and included in ius civile. Inheritance is analyzed as a cultural and legal-religious achievement with richer content than the ordinary transfer of property after the death of the testator. A comparison is made between inheritance by law (ab intestato) and by will the appointment of an heir by testamentum calatis comiciis and adoption by adrogatio. The basic and genetically related terminology for heir and inheritance passes into the legal tradition based on Roman law in both models of inheritance – by will and by law. Linguistically, however, "successio" has an expressive meaning, but it is the result of the reasoning of classical jurists and interpreting the models of succession on the occasion of death in civil and praetorian law.
Journal: IUS ROMANUM
- Issue Year: 2020
- Issue No: 1
- Page Range: 12-35
- Page Count: 24
- Language: Bulgarian