Successions in Roman Law

By: Anavitarte, E. J.*

Inheritance or succession is any way of acquiring property, in which the new owner assumes rights and duties of the previous owner, to wit, he not only acquires something, but take place as owner.

On this, Roman law distinguished two periods for the use of the term succession: (a) at classical law, when the only viable form of succession was inheritance, and therefore succession and inheritance would be the same; and (b) at Justinian law, in which forms of succession for singular things were created.

But, despite the emergence of singular successions, even today this term almost always implies an acquisition per universitatem ex mortis causa, that means, a due to death succession. However, it is important to understand that texts with a different approach can be found.

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