TESTAMENTARY FREEDOM AND THE 'GUALDENSE' OR SOCINI MEASURE OF CAUTION. BACKGROUND AND HISTORICAL DEVELOPMENT
TESTAMENTARY FREEDOM AND THE 'GUALDENSE' OR SOCINI MEASURE OF CAUTION. BACKGROUND AND HISTORICAL DEVELOPMENT
Author(s): Maria del Pilar Perez AlvarezSubject(s): Law, Constitution, Jurisprudence, History of Law, Constitutional Law, Criminal Law, Civil Law, International Law, Human Rights and Humanitarian Law, Canon Law / Church Law, Philosophy of Law, EU-Legislation, Maritime Law, Commercial Law, Court case, Comparative Law, Administrative Law, Labour and Social Security Law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: Testamentary freedom; legitime; intangibility of the „portio legitima“; testamentary caution; Socini caution
Summary/Abstract: Our study focuses on the measure known as the Socini caution, its background in Roman Law and its subsequent formulation and development until its codification, some records of its reception remaining in current Spanish Common Law. The Socini measure of caution consists in the testamentary provision granting the inheritor of the legitime, or 'forced heir', the choice between accepting the testator's disposition, leaving more than the lawful share of an inheritance but subjecting it to an encumbrance, or receiving only the strict 'portio legitima' and renouncing the excess. This precise concept of the caution is examined herein. This figure is on the borderline between testamentary freedom and respect for the 'portio legitima', or what is known as ‘the qualitative intangibility of the legitime’, which is tantamount to a restriction on testamentary freedom. Therefore, before analysing these testamentary cautions I shall briefly refer to the historical background and development of the legitime and its legal nature, in order to set the context for this study.
Journal: IUS ROMANUM
- Issue Year: 2020
- Issue No: 2
- Page Range: 126-151
- Page Count: 26
- Language: English