Roman Law and Society Final Exam
-A legal action in Roman law that allows a family member who has been unfairly disinherited or
left out of a parent's will to challenge the will and have it declared invalid.
-complaint against undutiful will for a wrongly jilted suus heres - ANS-Querela inofficiosi
testamenti
-A person might name multiple types of heres in case if the suus et necessarius heres dies
before the testator. Another reason could be because the testator wishes to divide his property
based of different criteria for each heres. Another reason is because the testator could have
given an heres specific conditions to follow upon death and accepting the will and if they did not
meet those conditions they would not get receive their portion.
-To disneherit an heres it could have been based on relationship to the testator or if they did not
complete the tasks after accepting their portion. If an heres was disenherited or dissatisfied they
could try Querela inofficiosi testamenti the will which was a legal action in Roman law that
allows a family member who has been unfairly disinherited or left out of a parent's will to
challenge the will and have it declared invalid. They could also claim Bona fide possession or
bonit - ANS-How and why might a person name multiple, conditional, and successive heirs?
What did it take to disinherit an heir and what could disinherited or otherwise dissatisfied heirs
do about it?
-Any heirs of the deceased beneficiary would split that portion of the inheritance equally.
Therefore, with a per stirpes designation, any amount that you leave for a beneficiary who dies
before you will be passed down evenly to their heirs. - ANS-Stirpal succession
-aquiring things for the first time
-Occupation
i. nullius res (things belonging to no one, e.g. wild animals)
ii. enemy property
iii. abandoned property - ANS-Occupatio (occupation)
-children (legitimate and illegitimate) inherit from mom who dies intestate - ANS-SC Orphitianum
-Codicils - need testamenti factio; cannot appoint heirs; often for setting up trusts - ANS-Codicil
-controlling succession
-safegaurds
-separatio bonorum (separation of goods) → necessarius heir to indebted or insolvent estate
-separatio bonorum (separation of goods) → wife's dowry and debts paid first - ANS-Separatio
bonorum
-controlling succession
, -safegaurds
-jus abstinendi allows suus heres to abstain from accepting an indebted or insolvent estate -
ANS-Jus abstinendi
-fear - ANS-Metus
-General Characteristics: person-to-person duty, unilateral
-a private wrong, as opposed to a public wrong called "crime" (crimen)
-refers to a wrongful act or a civil wrong - ANS-Delict
-imperial reforms
-help mother whose children predeceased her - ANS-SC Tertullianum
-lex aquilia:
Giaus who is a farmer, intentionally destroyed Aurialus' crop farm, who is giaus neighbor. Giaus
spread poision all over the crops which caused them to die and Auralies could not make profit
anymore.
-Wrongful Damage: The key condition for filing a statutory action under Lex Aquilia is the
occurrence of wrongful damage (damnum iniuria datum) to another person's property.
-Direct Causation: The plaintiff must establish a direct causal link between the defendant's
actions and the damage suffered. The damage must be the result of the defendant's fault or
negligence.
-Quantifiable Loss: The damage must be quantifiable, and the plaintiff should be able to provide
evidence of the value of the property that was harmed. This could involve presenting
assessments, appraisals, or other evidence of the property's worth.
Actio in factum:
Hermes who is a merchant spreads a rumor that marcus, who is a competeing mer -
ANS-Describe the conditions for filing both a statutory action under Lex Aquilia and an actio in
factum using a hypothetical case you modify for each action.
-mistakes in good faith
-bona fide possession: non-owner → legal conveyance → recipient + bona fides
mistakes in bad faith
-*lex Atinia (2nd c. BC): property is stolen → no bona fide possession allowed - ANS-Bona fide
possession
-Omission (see Case 2): disinherison must be explicit; leaving out suus heres invalidates will
-disinheriting a will - ANS-Exheredatio (disinherison)
-One cannot give what one does not have
-Nemo dat principle (D.50.17.54): "No one can transfer more rights to another than he himself
has." - ANS-Nemo dat
-A legal action in Roman law that allows a family member who has been unfairly disinherited or
left out of a parent's will to challenge the will and have it declared invalid.
-complaint against undutiful will for a wrongly jilted suus heres - ANS-Querela inofficiosi
testamenti
-A person might name multiple types of heres in case if the suus et necessarius heres dies
before the testator. Another reason could be because the testator wishes to divide his property
based of different criteria for each heres. Another reason is because the testator could have
given an heres specific conditions to follow upon death and accepting the will and if they did not
meet those conditions they would not get receive their portion.
-To disneherit an heres it could have been based on relationship to the testator or if they did not
complete the tasks after accepting their portion. If an heres was disenherited or dissatisfied they
could try Querela inofficiosi testamenti the will which was a legal action in Roman law that
allows a family member who has been unfairly disinherited or left out of a parent's will to
challenge the will and have it declared invalid. They could also claim Bona fide possession or
bonit - ANS-How and why might a person name multiple, conditional, and successive heirs?
What did it take to disinherit an heir and what could disinherited or otherwise dissatisfied heirs
do about it?
-Any heirs of the deceased beneficiary would split that portion of the inheritance equally.
Therefore, with a per stirpes designation, any amount that you leave for a beneficiary who dies
before you will be passed down evenly to their heirs. - ANS-Stirpal succession
-aquiring things for the first time
-Occupation
i. nullius res (things belonging to no one, e.g. wild animals)
ii. enemy property
iii. abandoned property - ANS-Occupatio (occupation)
-children (legitimate and illegitimate) inherit from mom who dies intestate - ANS-SC Orphitianum
-Codicils - need testamenti factio; cannot appoint heirs; often for setting up trusts - ANS-Codicil
-controlling succession
-safegaurds
-separatio bonorum (separation of goods) → necessarius heir to indebted or insolvent estate
-separatio bonorum (separation of goods) → wife's dowry and debts paid first - ANS-Separatio
bonorum
-controlling succession
, -safegaurds
-jus abstinendi allows suus heres to abstain from accepting an indebted or insolvent estate -
ANS-Jus abstinendi
-fear - ANS-Metus
-General Characteristics: person-to-person duty, unilateral
-a private wrong, as opposed to a public wrong called "crime" (crimen)
-refers to a wrongful act or a civil wrong - ANS-Delict
-imperial reforms
-help mother whose children predeceased her - ANS-SC Tertullianum
-lex aquilia:
Giaus who is a farmer, intentionally destroyed Aurialus' crop farm, who is giaus neighbor. Giaus
spread poision all over the crops which caused them to die and Auralies could not make profit
anymore.
-Wrongful Damage: The key condition for filing a statutory action under Lex Aquilia is the
occurrence of wrongful damage (damnum iniuria datum) to another person's property.
-Direct Causation: The plaintiff must establish a direct causal link between the defendant's
actions and the damage suffered. The damage must be the result of the defendant's fault or
negligence.
-Quantifiable Loss: The damage must be quantifiable, and the plaintiff should be able to provide
evidence of the value of the property that was harmed. This could involve presenting
assessments, appraisals, or other evidence of the property's worth.
Actio in factum:
Hermes who is a merchant spreads a rumor that marcus, who is a competeing mer -
ANS-Describe the conditions for filing both a statutory action under Lex Aquilia and an actio in
factum using a hypothetical case you modify for each action.
-mistakes in good faith
-bona fide possession: non-owner → legal conveyance → recipient + bona fides
mistakes in bad faith
-*lex Atinia (2nd c. BC): property is stolen → no bona fide possession allowed - ANS-Bona fide
possession
-Omission (see Case 2): disinherison must be explicit; leaving out suus heres invalidates will
-disinheriting a will - ANS-Exheredatio (disinherison)
-One cannot give what one does not have
-Nemo dat principle (D.50.17.54): "No one can transfer more rights to another than he himself
has." - ANS-Nemo dat
