fbevnts News scritte da Ligios Maria Antonietta

News scritte da Ligios Maria Antonietta

Ligios Maria Antonietta

Note sul regime successorio dei dediticii Aeliani in Gai. 3.74-76
26.02.2018

Feb

26

The analysis of the Gaius passage related to the succession system of the Aeliani dediciticii (Gai. 3.74-76) highlights the complex relationship between the relevant legislative texts on the subject (the lex Aelia Sentia and the lex Iunia) and jurisprudential interpretation. In particular, Gaius reports on the shortcomings of the lex Aelia Sentia which could lead to the abstract consequence, rejected by the jurist also on the ethical level, that such dediticii can possess the ability to make a will. The interpretation of the majority of the jurists, to which Gaius adheres, excludes this possibility, with the consequence that for them the possibility of succession is open to freedmen. On the basis of the text of the law, however, the succession plan differs in its treatment of the Aeliani dediciticii , who at the time of manumission could become Roman citizens, and those who, by a defect or form or a lack of another requirement, could have become Latini Iuniani. This disparity may mean that freed slaves who, for example, suffered infamous punishments in the period of slavery, could be favoured. However, the jurisprudential interpretation has not reached the point of correcting this possible disparity, probably because the wording of the text of the lex Aelia Sentia constituted an insurmountable obstacle.

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