Ролята на волята на господаря и causa peculiaris за създаване на пекулиум в полза на роба
The role of the will of the master and causa peculiaris for the establishment of a peculium in favor of slaves

Author(s): Elislav Atanasov
Subject(s): Law, Constitution, Jurisprudence, Roman law
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: roman law; slaves; inheritance; peculium; actio de peculuio; concessio peculii; causa peculii; actio de in rem versо
Summary/Abstract: Slaves can have their own quasi-patrimonium – peculium. It consists of property provided by their masters or acquired by third parties. Few authors study the creation of the peculium, and many important questions remain unanswered, such as the exact moment at which the peculium arises, the role of the master’s will, and whether third parties may provide property to the slave as a peculium without his master’s consent. The answers to these questions determine whether a property is part of the peculium or belongs only in the patrimony of the master and, accordingly, what will be the limits of his responsibility. The focus of this article is to clarify the nature of the concessio peculii and to answer the question of whether it creates the peculium. In addition, the article examines the interaction between the will of the master and the causa peculiaris for the creation of the peculium. Various cases will be considered in which property is invested in it without the express will of the owner. In these cases, the relationship between the invested property and the peculium will determine whether it will become part of it or of the master’s patrimony. Last but not least, an exegesis of D. 33.8.8.8 Ulp. l. 25 ad Sab. will be made., Which may lead us to the conclusion that it is possible to create a peculium without the will of the master by acquiring property from a third party. The text gives us information about a special category res peculiaria, closely related to the personality of the slave.

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