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Codification of late Roman inheritance law: fideicommissa and the Theodosian Code

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It has long been known that most of the private law content of the Theodosian Code has not been preserved independently of the Lex Romana Visigothorum. Certain constitutions, not contained in the LRV but dating to the period covered by the CT, have survived in the Code of Justinian. This article discusses this problem with respect to a particular topic: fideicommissa. The article discusses whether a particular constitution, CJ 6.37.21, might have been included in the CT, either as part of a general rubric concerning inheritance or as part of a separate rubric on fideicommissa, and concludes by suggesting what the constitution might have looked like had it been under a separate heading.

Affiliations: 1: Assistant Professor of Law, Southern Methodist University, Dallas (Texas); Visiting Assistant Professor of Law, University of Pennsylvania, 3400 Chestnut St., Philadelphia, PA 19104, U.S.A.;, Email: jctate@smu.edu

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