Lex Furia testamentaria

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The Lex Furia testamentaria (also abbreviated: lex Furia ) was a plebiscite from the time of the Roman Republic . It probably dates from the year 181 BC. BC, certainly from before 169 BC. Chr.

The law served the legal legacy restriction and stipulated that the legatee as legacy (legacy) could not accept more than 1000 As . The law was directed against the perceived exaggerated practice of considering people with bequests who were not blood relatives . Close relatives were excluded from the regulation. The maximum amount was perceived as ridiculous by wealthy Roman citizens, but it made all donations that were not made within the family circle more difficult. The Gaius source available for this also states that the regulation served to protect the inheritance from excessive burdens on the inheritance.

In contrast to the lex Cincia , the lex Furia contained provisions for sanctions. This consisted of quadrupling the excess amount as a penalty ( poena quadrupli ). The legacy itself remained effective and unaffected despite illegal behavior. For this reason, the law is classified as lex minus quam perfecta . Most of the time, the regulations were evaded by simply splitting legacies into packages of up to 1000 As. In 169 BC BC took over the practically just as unsuitable lex Voconia legacy regulations. Against this double legal failure was directed from 41/40 BC. The lex Falcidia , the quota limits for the encumbrance of inheritances. With the adoption of this law, the lex Furia testamentaria ceased to apply.

literature

  • Ernst Baltrusch : Regimen morum: The regulation of the private life of the senators and knights in the Roman Republic and early Imperial Era, Vestigia, contributions to ancient history, vol. 41, CH Beck, Munich, ISBN 3-406-33384-2 , pp. 69 ff .
  • Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , p. 21.
  • Heinrich Honsell : Roman law. 5th edition, Springer, Zurich 2001, ISBN 3-540-42455-5 , p. 197.
  • Ulrich Manthe : The senatus consultum Pegasianum (= Freiburg legal-historical treatises. New series, volume 12). Duncker and Humblot, Berlin 1989 (habilitation thesis).

Remarks

  1. ↑ Terminus ante quem : according to Gaius 2, 225 the time of determination is the year of the lex Voconia , 169 BC. Chr.
  2. ^ A b Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , p. 21.
  3. ↑ a b Heinrich Honsell : Roman law. 5th edition, Springer, Zurich 2001, ISBN 3-540-42455-5 , p. 197.
  4. ↑ Epitome Ulpiani 24.20; Ulrich Manthe : The senatus consultum Pegasianum (= Freiburg legal-historical treatises. New series, volume 12). Duncker and Humblot, Berlin 1989 (habilitation thesis). P. 15 (introduction).
  5. ↑ Uwe Wesel in SZ 81 (1964) p. 310 ff.
  6. ↑ Gaius 2: 224-227.
  7. ^ Ernst Baltrusch : Regimen morum: The regulation of the private life of the senators and knights in the Roman Republic and early Imperial Era, Vestigia, Contributions to Ancient History, Bd. 41, CH Beck, Munich, ISBN 3-406-33384-2 , p. 69 ff.
  8. ↑ date is doubtful, cf. Ulrich Manthe: The senatus consultum Pegasianum (= Freiburg legal-historical treatises. New series, volume 12). Duncker and Humblot, Berlin 1989 (habilitation thesis). P. 16 (there FN 11).
  9. ↑ Max Kaser : On prohibition laws and illegal business in Roman law (=  Philosophical-Historical Class, session reports . Volume 31 ). Publishing house of the Austrian Academy of Sciences , Vienna 1977, ISBN 3-7001-0171-6 , p. 33 ff . (35)