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Legatum Per Praeceptionem

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Chapter Summary

This chapter considers paragraphs that are situated at the end of the discussion on the four different forms of legacies (Gai., 2.192-223) and deal with the legatum per praeceptionem. First, it discusses the term extraneus and, next, the Sabinian and Proculian answers to the question 'To whom can a testator bequeath a legatum per praeceptionem. Unlike the Sabinians, the Proculians held that a legatum per praeceptionem could be bequeathed validly to an extraneus as well. The Proculians constructed the legatum per praeceptionem as a new kind of legacy by analogy with the traditional structure of a legatum per vindicationem. The Sabinians, on the other hand, attributed to the legatum per praeceptionem a specific and autonomous legal structure that was completely different from the structure of a legatum per vindicationem.

Keywords: legatum per praeceptionem; Proculians; Sabinians

10.1163/ej.9789004187740.i-358.42
/content/books/10.1163/ej.9789004187740.i-358.42
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