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Codex Justinianus 6.21.1: Florus's case

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Chapter Summary

Florus was a common soldier. Florus's brother had not named Florus as heres substitutus in the will disposing of his bona castrensia, a clear indication that it was not his intention that Florus should succeed to his military estate. Consequently, the emperor Caracalla ordered this part of the estate of Florus's brother to be distributed among all his relatives. It must have come as a bitter disappointment to Florus. The imperial Chancery added an obiter dictum, emphasizing considerations of public policy: 'It is of utmost importance, that the last will and testament of a soldier on expedition is upheld'. This statement was to have a curious 'Nachleben'. This chapter emphasizes the aspect of the imperial rescript reported in Codex Justinianus 6.21.1. It concerns the form of a military testament.

Keywords: Caracalla; Codex Justinianus 6.21.1; Florus; imperial Chancery; military estate; military testament



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