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Filius Praeteritus

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Chapter Summary

The filius praeteritus died during his father's lifetime. When the pater familias passed away, the instituted heirs were to obtain the inheritance. The intestate heirs, however, maintained that the testament was void and that they were entitled to the inheritance. Thereupon, they turned to the Sabinians for advice. When the intestate heirs brought the hereditatis petitio, the Proculians rendered the instituted heirs assistance. The Sabinians used the same topos as the Proculians, namely, the locus a tempore. According to the Sabinians, a testament in which a father had passed over his son was void immediately from the beginning. In Gaius' Epitome, only the Sabinian opinion is mentioned. If a testator has passed over a son in silence, the testament is null and void, even if the filius praeteritus predeceased his father.

Keywords: filius praeteritus; Gaius; hereditatis petitio; pater familias; Proculians; Sabinians

10.1163/ej.9789004187740.i-358.27
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