ROMANISTIC TRADITION IN SUCCESSORY LAW. SOME CONSIDERATIONS FOR THE REGULA CATONIANA
ROMANISTIC TRADITION IN SUCCESSORY LAW. SOME CONSIDERATIONS FOR THE REGULA CATONIANA
Author(s): Tewise Ortega GonzálezSubject(s): Law, Constitution, Jurisprudence, History of Law, Constitutional Law, Criminal Law, Civil Law, International Law, Human Rights and Humanitarian Law, Law and Transitional Justice, Law on Economics, Canon Law / Church Law, Philosophy of Law, EU-Legislation, Sociology of Law, Maritime Law, Commercial Law, Court case, Sharia Law, Comparative Law, Administrative Law, Labour and Social Security Law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: Testament; legacy; regula catoniana; nullity; rem legataraii
Summary/Abstract: In the present study, we will analyze succinctly the content of the Regula Catoniana, included in D. 34.7.1, which in the matter of legacies, prevents the production of effects of a invalid legacy ab initio, regardless of the moment in the one that the death of the testator, has taken place and even if the invalidating cause has disappeared, considering that, if it´s invalid at the time of being granted, it shall be null at all times, making special reference to one of the cases of application of the aforementioned rule, as is the legacy rem legatarii. At the same time, we will reflect briefly on the matter contained in the Spanish Civil Code, regarding the legacy of thing belonging to the legatee, to determine the influence of Roman legal provisions in the configuration of this type of legacy at present.
Journal: IUS ROMANUM
- Issue Year: 2020
- Issue No: 2
- Page Range: 267-283
- Page Count: 17
- Language: English
