The article is devoted to the complex legal framework of collatio in Roman inheritance law. Its or igin and its connection with the inheritance under praetorian law, as well as its development in classical and postclassical law are traced. The essence of the institute is related to the requirement for the emancipated children and daughters of the pater familias, who received a dowry before his death, if they participate in the inheritance to contribute these assets in order to make a fair distribution of the hereditary property between co heirs. Special attention is paid to the constitution of Emperor Le o I of 472, preserved in CJ. 6.20.17. The continuity of the institute in the modern Italian Civil Code is also presented.
On the topic of collatio in succession law in late antiquity
F. Pulitano'
2020-01-01
Abstract
The article is devoted to the complex legal framework of collatio in Roman inheritance law. Its or igin and its connection with the inheritance under praetorian law, as well as its development in classical and postclassical law are traced. The essence of the institute is related to the requirement for the emancipated children and daughters of the pater familias, who received a dowry before his death, if they participate in the inheritance to contribute these assets in order to make a fair distribution of the hereditary property between co heirs. Special attention is paid to the constitution of Emperor Le o I of 472, preserved in CJ. 6.20.17. The continuity of the institute in the modern Italian Civil Code is also presented.
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