Actio familiae erciscundae
The actio familiae erciscundae (suit for division of inheritance, suit for the division of family property) was a suit for division between co-heirs in ancient Roman law .
Since co-heirs as co-owners of an undivided inheritance ( consortium ) did not dispose of shares but of rights to the whole, limited by the rights of others, everyone was allowed to dispose of the entire estate with effect for and against the other co-heirs. The other co-heirs had to accept the rulings against them. In this respect, there was a special relationship of trust that could be shaken. In the event of a violation of the law (risk of damage), the co-heir could arrange for the estate to be divided ( ercto non cito ) and dissolve the joint ownership by the actio familiae erciscundae in order to obtain sole ownership of the shares. A binding legal position was created on the determination of the praetor of the "gang judge" ( arbiter ) by means of a legal judgment ( adiudicatio ).
The inheritance procedure was introduced during the early republic phase - in connection with the reform of the Agnatenerbrechts - by the XII Tafeln . The traditional royal era , which was characterized by peasant economic forms, only knew the common estate maintenance after the death of the pater familias .
Individual evidence
- ↑ Heinrich Honsell : Roman Law, 5th edition. Springer, Zurich 2001, ISBN 3-540-42455-5 , p. 187.
- ↑ Derivation of the term from the old Latin “ad-baetere” = “to go”; see: Ulrich Manthe : History of Roman Law , CH Beck, Munich 2000, 2nd edition, Munich 2003 ( CH Beck Wissen ), ISBN 3-406-44732-5 , p. 49.
- ↑ Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001), Böhlau-Studien-Bücher, ISBN 3-205-07171-9 , pp. 142, 354.
- ↑ Ulrich Manthe : History of Roman Law , CH Beck, Munich 2000, 2nd edition Munich 2003 ( CH Beck Wissen ) ISBN 3-406-44732-5 , p. 48.
