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Bartolus's Definition of Family

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Abstract:

Bartolus's well known definition of family (familia accipitur in iure pro substantia) occurs in his commentary on the Lex In suis of the title De liberis et posthumis in the Digest (D. 28.2.11). In that commentary he insists that his own teachers had neglected a text that he saw as illuminating the entire matter of inheritance, especially by direct heirs. The equation of family and substantia was largely unprecedented, and the term itself was creatively ambiguous. Bartolus's solution, while adding conceptual rigor to an area of law, was also of little practical resonance, in his own case consilia or those of subsequent jurists, as it dealt with the paradigmatic case of father-son inheritance, which rarely was contested in courts, in contrast to inheritance situations otherwise complicated by a lack of direct heirs or by testaments that sought to add conditions or limitations to an inheritance.
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Name: RSA Annual Meeting
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http://www.rsa.org


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URL: http://citation.allacademic.com/meta/p481179_index.html
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MLA Citation:

Kuehn, Thomas. "Bartolus's Definition of Family" Paper presented at the annual meeting of the RSA Annual Meeting, Hilton Montreal Bonaventure Hotel, Montreal, Quebec Canada, <Not Available>. 2014-11-26 <http://citation.allacademic.com/meta/p481179_index.html>

APA Citation:

Kuehn, T. "Bartolus's Definition of Family" Paper presented at the annual meeting of the RSA Annual Meeting, Hilton Montreal Bonaventure Hotel, Montreal, Quebec Canada <Not Available>. 2014-11-26 from http://citation.allacademic.com/meta/p481179_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: Bartolus's well known definition of family (familia accipitur in iure pro substantia) occurs in his commentary on the Lex In suis of the title De liberis et posthumis in the Digest (D. 28.2.11). In that commentary he insists that his own teachers had neglected a text that he saw as illuminating the entire matter of inheritance, especially by direct heirs. The equation of family and substantia was largely unprecedented, and the term itself was creatively ambiguous. Bartolus's solution, while adding conceptual rigor to an area of law, was also of little practical resonance, in his own case consilia or those of subsequent jurists, as it dealt with the paradigmatic case of father-son inheritance, which rarely was contested in courts, in contrast to inheritance situations otherwise complicated by a lack of direct heirs or by testaments that sought to add conditions or limitations to an inheritance.


Similar Titles:
Toward a Structural Definition of Sexuality: The Changing Landscape of Marriage and Family Formation

Definitions of the Family as an Impetus for Legal Change in Custody Decision-Making: Suggestions from an Empirical Case

A Hierarchical Definition of Family Firm and the Impact of Familiness on FirmÂ’ Value Creation


 
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