TY - JOUR
TI - Usucapio pro herede in The Institutes of Gaius
AU - Sorka, Kamil
TI - Usucapio pro herede in The Institutes of Gaius
AB - Roman legal sources concerning usucapion in place of an heir (usucapio pro herede) are not numerous. We will only find a relevant fragment in the second commentary of Gaius’ Institutiones and a short text Pro herede vel pro possessore in the 41st book of Justinian’s Digesta. The paper focuses on the exegesis of the first of the sources. According to the institution of usucapion in place of an heir, anybody who possessed any goods belonging to an inheritance could acquire the inheritance within a year. Therefore, the main purpose of the institution seemed to be determining who was going to be responsible for continuing the domestic worship (sacra familiaria). When the sacra had lost their social significance, usucapio pro herede changed its subject to the goods that belonged to an inheritance, not the inheritance as such. In classical Roman law, usucapion in place of an heir started to be considered a dishonourable legal institution. Emperor Hadrian marginalised usucapio pro herede through a decree of the senate sponsored by him. The senatus consultum made usucapion possible to reverse by the actual heir. Emperor Marcus Aurelius introduced a new crime, the crimen expilatae hereditatis, which consisted in taking over goods that belonged to someone else’s inheritance. However, usucapio pro herede was never abolished in a legal act.
VL - Special Issues
IS - Zeszyt specjalny, wersja anglojęzyczna 2018
PY - 2018
SN - 2084-4115
C1 - 2084-4131
SP - 1
EP - 28
DO - 10.4467/20844131KS.18.029.9117
UR - https://ejournals.eu/czasopismo/kshpp/artykul/usucapio-pro-herede-in-the-institutes-of-gaius
KW - usucapion
KW - usucapio
KW - heir
KW - inheritance
KW - goods belonging to an inheritance
KW - acquisition
KW - Roman legal sources
KW - Gaius