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Legatum Per Vindicationem (1)

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Chapter Summary

This chapter deals with a text that comes from the part about legacies in the second book of Gaius' Institutiones. The first section deals with the four different forms of legacies and covers Gai., 2.192-223. In 2.192, Gaius merely enumerates the four forms and, in the subsequent paragraphs, he elaborates on them: the legatum per vindicationem; the legatum per damnationem; the legatum sinendi modi; and the legatum per praeceptionem. The text under consideration is mentioned in Gaius' discussion about the legatum per vindicationem so the words 'quod ita legatum est' refer to this kind of legacy. Gaius (2.194) maintains that the legacy is called per vindicationem, because, immediately after the heir has accepted the inheritance, the legatee is vested with Quiritary ownership of what has been bequeathed to him.

Keywords: Gaius; Institutiones; legatum per vindicationem



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