The paper focuses primarily on the votum captandae mortis: that is to say the despicable hope of death of the de cuius which – according to the traditional thinking – Roman jurists believed would have been induced by the agreements as to succession. After making a mention of the problematic profiles of this ratio today, the research dwells on the few ancient sources that associate agreements as to succession with a violation of the boni mores, trying to show that the declarations of invalidity of the agreements de hereditate viventis didn’t steam from the mere ‘votum corvinum’.
The ‘Votum Captandae Mortis’ and Its Relevance in Roman Law / Maria Federica merotto. - STAMPA. - (2023), pp. 416-425. (Intervento presentato al convegno The Patent Universality of Inheritance Law. ‘Lex Successionis’ Between Legislative Tradition and Modern Values tenutosi a Bucharest nel May 12-13 2022).
The ‘Votum Captandae Mortis’ and Its Relevance in Roman Law
Maria Federica merotto
2023
Abstract
The paper focuses primarily on the votum captandae mortis: that is to say the despicable hope of death of the de cuius which – according to the traditional thinking – Roman jurists believed would have been induced by the agreements as to succession. After making a mention of the problematic profiles of this ratio today, the research dwells on the few ancient sources that associate agreements as to succession with a violation of the boni mores, trying to show that the declarations of invalidity of the agreements de hereditate viventis didn’t steam from the mere ‘votum corvinum’.File | Dimensione | Formato | |
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