Transformarea familiei romane şi efectele asupra vocaţiei succesorale
THE TRANSFORMATION OF THE ROMAN FAMILY AND THE EFFECTS ON THE RIGHT TO INHERIT

Summary/Abstract: The activity of the praetor represented the dynamic part of the Roman legal system, seeing that by creating praetorian legal actions, new subjective laws were constantly sanctioned by the required form in accordance with the needs of the development of the society. By this type of legal action, the praetor intervened whenever the situations arising in the practice exceeded the sphere of the civil law rules. In Roman law, the norm was the direct and immediate effect of the situations appearing between the members of society. Thus it was not the rigor and formalism of the law that dictates the social relationships, but it is the ordinary reality which imposes the apparition of the norm. Thus, if the problem between the defendant and the plaintiff had not been met in practice and hence did not find expression in the law, the praetor investigated the compliance of the applicant's claims with the principles of equity and good faith, and if he found that they were legitimate, he provided the plaintiff with the option of legal action in order to enact his subjective right.We will focus, in this article, on the major influence that the reforms of the praetors have had in the matter of succession, being the catalyst for the protection of the blood relativity, since according to the Law of the Twelve Tables the agnation was the sole basis of the succession. Through their reforms, the praetors revived the old system of succession in which cognation was not relevant, creating the ideal context for the implementation of imperial reforms, whereby the foundation of the succession became the blood kinship. Through their activity, the praetors not only gave birth to a new system of succession, but also indirectly contributed to the shaping of certain aspects in matters of succession in modern law.From a historical perspective, we will look at the effects that the emergence of new social values produces on the succession order, following the evolution of the three succession systems known by the Romans: the legal succession, the testamentary succession and the succession against the person’s will.

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