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Regula Catoniana

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Chapter Summary

The regula Catoniana was formulated for unconditional legacies and did not say anything about the validity of conditional legacies, because the dies cedens of a conditional legacy did not coincide with the testator's death, but with the fulfilment of the condition. Although Gaius did not explicitly mention the regula Catoniana, it is clear that the controversy concerned the interpretation of this rule. This chapter considers the arguments in support of the different views. According to Servius Sulpicius Rufus, the unconditional legacy only needed to be valid at the moment of the dies cedens. By analogy with the unconditional legacy, the Proculians maintained that the conditional legacy had to be valid from the beginning as well. The Sabinians took the view that, in case of a conditional legacy, the regula Catoniana was not pertinent.

Keywords: dies cedens; Gaius; Proculians; regula Catoniana; Sabinians

10.1163/ej.9789004187740.i-358.53
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