TITIVIS HERES ESTO. ROLA PRAKTYKI PRAWNEJ W PROCESIE TWORZENIA PRAWA W PÓŹNEJ STAROŻYTNOŚCI
HEREDIS INSTITUTIO IN THE PAPYRI. THE ROLE OF THE LEGAL PRACTISE IN THE PROCESS OF CREATING LAW IN LATE ANTIQUITY

Summary/Abstract: The topic of the article is the testamentary succession in the late Roman law, i.e., after the Constitutio Antoniniana of AD 212. The case of the testamentary succession is used to approach a more general question of the role of the local legislative practice in the process of creating law in Late Antiquity. The second purpose of this paper is to discuss whether the Roman law before the 7th century was chiefly of persuasive and instrumental character. In other words, the aim of the article is to illustrate the role of the local legal practice in the process of creating law. The starting point of the discussion is the constitution on the language of wills issued by Alexander Severus which encouraged the legal practice to elaborate a new form of wills and loosened the bonds of the legal formalism.

• Details
• Contents