Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Legatum Per Vindicationem (2)

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter focuses on the controversy in Gai., 2.195. Both texts pertain to the discussion about the legatum per vindicationem. When a testator makes a legatum per vindicationem, he may add a condition precedent; the legatee becomes the owner of the legacy after the condition is fulfilled. This kind of situation gives rise to the following legal question: If something is bequeathed conditionally by way of a legatum per vindicationem, to whom does it belong while the condition is pending? The Sabinians argued that, while the condition was pending, the legacy belonged to the heir, exemplo statuliberi, i.e., by analogy with a statuliber. The Proculian view that the legacy belonged to no one while the condition was pending may have been taken by analogy with their view about a legacy, bequeathed unconditionally by way of a legatum per vindicationem, before the legatee acknowledged it, as Gaius indirectly suggested.

Keywords: Gaius; legatee; legatum per vindicationem; Proculians; Sabinians



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Gaius meets Cicero — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation