Abstract
[Machine translation] The analysis of Gaius's passage relating to the succession regime of Aelian dedications (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 the jurisprudential interpretation. In particular, Gaio points out the flaws in the lex Aelia Sentia that could lead to the abstract consequence, rejected by the jurist even on an ethical level, that such dedicatees may enjoy the ability to make a will. The interpretation of the majority of jurists, to which Gaius adheres, excludes this possibility, with the consequence that the succession provided for the freedmen opens up for them. Based on the text of the law, however, there remains a difference in treatment at the level of succession between Aelian dedicates, who at the time of the tampering could have become Roman citizens and those who, on the other hand, due to a defect in form or a lack of other requirement, could have become Iunian Latins. This disparity may mean that freed slaves may be favored who, for example, had suffered infamous punishment during the period of slavery. However, the jurisprudential interpretation has not reached the point of correcting even this possible disparity and this, probably, because the wording, although flawed, of the text of the lex Aelia Sentia constituted an insurmountable obstacle.
| Translated title of the contribution | [Machine translation] Notes on the succession regime of the Aelian devotees in Gai. 3.74-76. |
|---|---|
| Original language | Italian |
| Pages (from-to) | 281-306 |
| Number of pages | 26 |
| Journal | JUS |
| Volume | 1/2018 |
| Issue number | 1 |
| Publication status | Published - 2018 |
Keywords
- Lex Aelia Sentia
- Lex Iunia.
- Regime successorio
- dediticii Aeliani
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