BОNA MATERNA SECONDO LE COSTITUZIONI DELL'IMPERATORE COSTANTINO I NEL CODEX THEODOSIANUS (CTh.8.18.1-3)
BОNA MATERNA ACCORDING TO THE CONSTITUTIONS OF EMPEROR CONSTANTINE I IN THE CODEX THEODOSIANUS (CTh.8.18.1-3)

Summary/Abstract: The article analyses the succession of property owned by the mother according to the provisions of the legislation of Emperor Constantine I, contained in Codex Theodosianus, in comparison with the discipline of classical law and in particular that of the Senatusconsultum Orfitianum. It is argued that, with all the limitations on the rights of the father in respect of the bona materna established by imperial legislation, it should be assumed the father not to have title to that property, but that all his rights derive from: 1) the legal servitude - ususfructus granted to him, 2) the patria potestas exercised by him, and 3) the duties newly imposed on him by imperial legislation to care for and preserve that property in the interests of his subjects.

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