Réflexions sur les présomptions relatives aux comourants (commorientes) en Droit romain

Abstract

In the sources of the Roman right one doesn't find any general technical term that appears in the fragments treating legal questions been born following the décés in the same event of several people. The expression relative "commorientes" to several deceased in the same event is only in only one source (D.24.1.32.14.). We must examine what are the presumptions that the Roman law instituted in concrete shape to arrange the legal questions coming from the death occurred in the same event. After having analyzed the construction of the relative presumptions to people died in the same event (commorientes) in Roman law one can arrive to the conclusion that the ius Romanum cannot be considered like direct source of the construction of the priority of the death - or in other words of the presumption legal of survival - dependent of the age and the sex of people that perish in the same event conceived in an artificial manner in the French civil code..