Senatus consultum Pegasianum

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The Senatus consultum Pegasianum was a senate consult from the Roman Empire during the reign of the Flavier Vespasian . The resolution, which was probably made around AD 72, granted the heir the falzidic quart even if the inheritance was encumbered by an inheritance fideicommiss. The Falcidic law, the lex Falcidia de Legatis , ordered since 41 BC. In the Roman law of inheritance, it was stated in the Roman law of inheritance that the amount of the minimum inheritance had to be the fourth part of the testator's debt-adjusted assets (quart).

The wording of the Pegasianum has not been preserved, but it can be reliably restored from the legal writings.

Long before the senatus consultum Pegasianum , it was customary for the testator to use informal wills to give the heir to third parties objects of the inheritance. Due to the prevailing Roman bona fides custom, the heir mostly felt obliged to fulfill the fidei commissum , which, however, could not always be relied on due to the lack of legal enforceability. The Fideikommiss was not restricted by bequests . Even people who were not allowed to be bequeathed a legacy could receive entails , such as peregrines or, at the time of the lex Voconia , women beyond the legacy limits. In practice, inheritance was often completely bypassed by entails. As long as the entails enjoyed no legal protection during the time of the republic , the testator had the right to choose whether he wanted to subject his will to a binding legacy restriction or to rely on the heir's unprovable loyalty.

That changed in the Augustan period, because entails became legally enforceable, which permanently worsened the legal position of the heir. The heir was not compensated by legacy restrictions. He had to hand over inheritance objects that had been turned towards the endorser, to whom he could have denied the same objects had they been given to them as a legal transaction. Due to inheritance liability alone, many heirs turned down the inheritance.

The law turned against this, which now introduced the quarter deduction in order to protect the heir to the minimum. After the falzid quarters had been withdrawn, the inheritance was restituted to an inheritance fideic commissar in his function as legate of division. The heir, however, was unable to transfer the legitimation for inheritance claims to the inheritance fideic commissioner. The latter, however, was allowed to force defaulting heirs to inherit, carried out by the praetor fideicommissarius .

According to sources, the extension of the facts to include individual cases was probably only carried out by jurisprudence. Likewise, the applicability of the Pegasianum to inheritance fideikommisse that affected a partial heir.

literature

  • Max Kaser : The Roman private law (= handbook of ancient science . Section 10: Legal history of ancient times. Tl. 3, Vol. 3). 2 volumes. Beck, Munich;
    • Section 1: Ancient Roman, Pre-Classical and Classical Law. 2nd, revised edition. 1971, ISBN 3-406-01406-2 ;
    • Section 2: The post-classical developments. 2nd, revised edition with supplements to the 1st section. 1975, ISBN 3-406-01429-1 .
  • Ulrich Manthe : The senatus consultum Pegasianum (= Freiburg legal-historical treatises. New part 12). Duncker & Humblot, Berlin 1989, ISBN 3-428-06637-5 (Also: Freiburg (Breisgau), University, habilitation thesis, 1985).

Individual evidence

  1. ↑ Gaius 2:254; Overview with Ulrich Manthe: The senatus consultum Pegasianum (= Freiburg legal-historical treatises. New part 12). Duncker & Humblot, Berlin 1989, ISBN 3-428-06637-5 , p. 42.
  2. ↑ Horace Satires 1.3.94 f.
  3. ^ Gaius 2:285.
  4. ^ Gaius 2:274.
  5. ↑ Already in the time of Cicero the entails was a fully effective legal institute; see. in this respect: Plutarch Cic. 41, 4; Pomponius 215 in Digest 35.2.31.
  6. ↑ Institutiones Iustiniani 2.23.1; 25 pr; Max Kaser: The Roman private law (= handbook of ancient science. Section 10: Legal history of ancient times. Tl. 3, Vol. 3). Section 1: Ancient Roman, Pre-Classical and Classical Law. 2nd, revised edition. Beck, Munich 1971, ISBN 3-406-01406-2 , § 189.
  7. ^ Gaius 2, 260.