The Conditions of Heirship Qualification in Roman Law


DİNÇER ARAZ N.

ISTANBUL HUKUK MECMUASI, no.4, pp.1223-1266, 2022 (ESCI) identifier

Abstract

When a Roman citizen not under the control of anyone died, that person's heirs would possess the estate. The heir(s) continued the personality and worship previously done by the legator in the early times. Another critical consequence of carrying out the inheritance qualification in Roman law was the responsibility to the estate's creditors. The subject of this research relates to who was able to obtain inheritance as an heir under Roman law, since the inheritance of the estate has very important consequences. After a person who is qualified to be a legator died, certain persons appointed by them, or certain persons designated by law if they died without making a will, were eligible to become heirs. In order to be able to qualify as inheritor, although it was necessary to be called into the inheritance through or without a will, by law, it was also required to accept the inheritance for extraneous heirs (extranei heredes). Extraneous heirs, were heirs who were not members of the household or familia. In addition to these, it was necessary to have a license to be an heir to carry the qualification of inheritor. However, in order for the inheritance to be acquired through a will, and therefore the quality of inheritance to be obtained, the conditions set out in the lex Iulia et Papia extracted by Emperor Augustus were also to be met. In contrast, deprivation of inheritance would not have caused the loss of the right to inherit, but only meant confiscation of the acquired inheritance by the state.