Two cases of extension of ius honorarium instruments that entails the non-application of the ius adcrescendi: D.29,2,55 Marcianus 2 reg. and D.29,2,61 Macer de off. praesidis

Abstract

Two texts are discussed in this work, D.29,2,55 Marciano 2 reg. and D.29,2,61 Macer de off.praesidis, in which ius adcrescendi is not applied on account of the fact that strange heirs are allowed to exercise the faculta abstinendi or it is granted in integrum restitutio. In both texts the creditors have a leading role, which indicates that it involves inheritances loaded with debts, and this is what explains the unique treatment of strangers. The hereditary debts are automatically divided into as many heirs exist by the application of the regula iuris: nomina hereditaria ipso iure divisa sunt but the access to the assets of the inheritance is by ideal quotas; in both cases the creditors prefer the bonorum possessio of a quota although they must renounce part of their credits; the bonorum venditio of the whole would have been detrimental to the creditors for the undervaluation of the goods and would have been detrimental to the heirs for the declaration of infamia..