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Inheritance and the Twelve Tables, an ancient Roman statute

The Law of the Twelve Tables 451- 449 BCE

The Twelve Tables is a body of law, or a code, (although not likely in the strict sense of a code covering all topics), is widely accepted as forming the basis of Roman Law.  Consisting of mostly civil law it was important in codifying and publicising the customary laws of the predominantly agrarian community operating at that time.

 

Table V dealt with inheritance and guardianship:

Some excerpts relevant to inheritance and succession are:

4.  If anyone who has no direct heir dies intestate the nearest male agnate shall have the estate.”
5.  If there is not a male agnate the male clansmen shall have the estate.”
6.  Persons for whom by will…a guardian is not given, for them..their male agnates shall be guardians.”

An agnate was a relative from the father’s side, someone of the male lineage. 

Another early code of law was the ancient laws of Gortyn, inscribed in stone, still preserved on Crete.

Ancient Roman Statutes, The Corpus of Roman Law, A Translation, Volume II,
A C Johnson, P R Coleman-Norton, F C Bourne,
C Pharr & M B Pharr (Eds),
University of Texas Press, Austin, 1961

 

B Stead
BHS Legal

Important notice: This article is intended for general interest and information only. It is not legal advice and nor should it be used as such. Always consult a legal practitioner for specialist advice specific to your needs and circumstances and rely on that.

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Twelve Tables, Roman law, inheritance law