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In Iure Cessio Hereditatis

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Chapter Summary

This chapter discusses the legal question that gave rise to the controversy between the Sabinians and the Proculians: 'Is it allowed for sui (et necessarii) heredes to transfer their inheritance to another person by means of an in iure cessio hereditatis'. The Proculians argued that the in iure cessio hereditatis by a suus et necessarius heres had the same effect as the transfer by a voluntary heir after he had accepted the inheritance. The Sabinians gave a negative answer to the question of whether an in iure cessio hereditatis by a suus et necessarius heres had the same effects as a similar transfer by a voluntary heir. According to the Sabinians, an in iure cessio hereditatis by a suus et necessarius heres was null and void. The Sabinians maintained that what applied to a voluntary heir need not apply to an involuntary heir.

Keywords: involuntary heir; iure cessio hereditatis; Proculians; Sabinians; suus et necessarius heres; voluntary heir

10.1163/ej.9789004187740.i-358.60
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