НЯКОИ НАБЛЮДЕНИЯ ОТНОСНО КОНЦЕПЦИЯТА ЗА НАСЛЕДСТВО КАТО IUS SUCCESSIONIS ПО ПОВОД ІG. 2.14
SOME OBSERVATIONS ON THE CONCEPT OF HEREDITAS AS JUS SUCCESSIONIS: ABOUT IG. 2.14

Summary/Abstract: This paper focuses on the analysis of the concept of hereditas considered as ius successionis in the frame of ІG. 2.14. Through a survey aimed to affirm the concreteness and techinicality of the notion of res incorporales, supported by a critics about the concepts of subjective and objective right, often used by Roman law scholars in order to interpret ІG. 2.14., the same author highlights how the above mentioned res should be considered as ‘legal institutions’, founded in law (iure consistunt). In this perspective, Gaio’s aim is to affirm the disembodiment through the ius and when the jurist defines the concept of hereditas by appealing to ius succession, he refers to the legal institution where inheritance plays its role.

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