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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1894 edition. Excerpt: ... had been exhausted. Again, it was not secret. The Families Emptor, being himself the Heir, knew exactly what hia rights were, and was aware that he was irreversibly entitled to the inheritance; a knowledge which the violences inseparable from the best-ordered ancient society rendered extremely dangerous. But perhaps the most surprising consequence of this relation of Testaments to Conveyances was the immediate vesting of the inheritance in the Heir. This has seemed so incredible to not a few civilians, that they have spoken of the Testator's estate as vesting conditionally on the Testator's death, or as granted to him from a tune uncertain, i. e. the death of the grantor. But down to the latest period of Roman jurisprudence there were a certain class of transactions which never admitted of being directly modified by a condition, or of being limited to or from a point of time. In technical language they did not admit conditio or dies. Mancipation was one of them, and therefore, strange as it may seem, we are forced to conclude that the primitive Roman Will took effect at once, even though the Testator survived his act of Testation. It is indeed likely that Roman citizens originally made their Wills only in the article of death, and that a provision for the continuance of the Family effected by a man in the flower of life would take the form rather of an Adoption than of a Will. Still we must believe that, if the Testator did recover, he could only continue to govern his household by the sufferance of his Heir. Two or three remai'ks should be made before I explain how these inconveniences were remedied, and how Testaments came to be invested with the characteristics now universally associated with them. The Testament was not necessarily written: ..
| ISBN-13 | 9781458812667 |
|---|---|
| ISBN-10 | 1458812669 |
| Weight | 0.73 Pounds |
| Dimensions | 9.00 x 6.00 x 0.50 In |
| List Price | $19.99 |
| Format | Paperback |
|---|---|
| Pages | 220 pages |
| Publisher | |
| Published On | 2009-08-01 |
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