Reflections on the origin of succession in rome. the testamentum calatis comitiis and its relation with the intestate succession

Abstract

The work addresses the primitive Roman ius civile on the subject of inheritance and how it was received in the Law of the Twelve Tables, the importance of wills at that time and their prevalence over intestate succession. In order for an inheritance to be transferred, social and religious conscience imposed a number of rules in favour of direct descendants, which strongly limited the right of disposal of the paterfamilias and the relevance of the will. A social and legal phenomenon which suggests that ex lege succession prevailed over voluntary succession..