oa Fundamina : A Journal of Legal History - : Papinian 29 D. 35, 2 (de lege Falcidia), 11, 5 und 6

Special issue 1
  • ISSN : 1021-545X
  • E-ISSN: 2411-7870



Frequently authors like to rely on Papinian's text (§ 5) in order to establish the thesis that in , if the inheritance of the does not suffice to fulfil the legacies bequeathed under the second will, the will have to pay out of his own funds, , in excess of his share, that is to say that the substitute is not even going to have an heir's protection as prescribed by the lex Falcidia (Falcidian quarter). The article sets out to demonstrate that this thesis is unfounded. The lex Falcidia guarantees the protection of the . The Papinian reflections (§§ 5, 6) merely discuss the fact that in certain cases the protection provided by the Falcidian quarter may diverge from the common formula according to which the is treated as heir to the father of the . The expression (§ 5) refers to the inheritance the receives from the .

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