CERTAIN ISSUES RELATING TO RECEIVING INHERITANCE IN ROMAN LAW Cover Image

CERTAIN ISSUES RELATING TO RECEIVING INHERITANCE IN ROMAN LAW
CERTAIN ISSUES RELATING TO RECEIVING INHERITANCE IN ROMAN LAW

Author(s): Mirjana Polenak-Akimovska, Goce Naumovski
Subject(s): Law, Constitution, Jurisprudence, History of Law, Civil Law, Human Rights and Humanitarian Law, Canon Law / Church Law, EU-Legislation
Published by: Софийски университет »Св. Климент Охридски«
Keywords: transmissio delationis; ius accrescendi collatio bonorum; aditio bonorum; beneficium abstinendi; beneficium inventarii; beneficium separationis

Summary/Abstract: The core interest of this paper comprises of elaborating on several legal postulates which may occur while exercising one's subjective inheritance rights. Namely, the Roman law, judging from the primary sources, provides us with a clear picture of several legal situations, which are probable to ensue, prior to the final transfer of the inheritance rights from the testator to the inheritor.Taking into consideration the fact that the Roman law research frequently dwells on the basis for inheritance, lines of hereditary succession, wills or compulsory share of inheritance, the authors of this paper believe that due diligence must be exercised to these seldom studied legal inheritance postulates.Therefore, on this occasion an analysis will be made of: transmissio delationis, ius accrescendi collatio bonorum, aditio bonorum, beneficium abstinendi, beneficium inventarii and beneficium separationis, which will serve to find the place and the meaning of the aforementioned notions as seen through the prism of the procedure for receiving inheritance and possible consequences which may occur as a result of separate processes.

  • Issue Year: 2018
  • Issue No: 2
  • Page Range: 133-143
  • Page Count: 11
  • Language: Bulgarian