The impossibility of the partial acceptance of the inheritance in a justinian’s rescript

Abstract

Among the requirements to be met by the acceptance and repudiation of the Roman heritage is the requirement that both the declaration of will of the heir has to be full, ie must refer to the whole,why are inadmissible acceptances and partial repudiations. Bearing in minid the classical law, Justinian used as the aphorism level ratio decidendi omnia admittantur, vel omnia repudientur to solving the query raised by the Praetorian Prefect Juan around the doubts raised in two separate cases of probate, in which should determine the need and scope of the acceptance of inheritance. The analysis of the constitution and the determination of the merits in the field of Roman inheritance law aret the goals we have proposed in this work..