Codification of Late Roman Inheritance Law: Fideicommissa and the Theodosian Code

Authors

Joshua C. Tate, Southern Methodist University, Dedman School of LawFollow

Abstract

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, or Breviary of Alaric. Certain constitutions, not contained in the Breviary but dating to the period covered by the Theodosian Code, have survived in the Code of Justinian. There has been debate, however, as to whether all of these constitutions were contained in the Theodosian Code.

This Article discusses this problem with respect to a particular topic: fideicommissa. The Article considers whether a particular constitution, CJ 6.37.21, might have been included in the Theodosian Code 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 included under a separate heading.

Publication Title

Tijdschrift voor Rechtsgeschiedenis / Legal History Review

Document Type

Article

Keywords

trusts, Roman law, legal history

Recommended Citation

Joshua C. Tate, Codification of Late Roman Inheritance Law: Fideicommissa and the Theodosian Code, 76 Tijdschrift voor Rechtsgeschiedenis