Estate Planning by Agreement in the Sources of Roman Law

By (author) Aleksander Grebieniow

Extent: 479 pages

Publisher: Brill | Schöningh

Subjects: Classical Studies, Law

Series: Warschauer Schriften zum romischen Recht und zur europaischen Rechtstradition

Series volume number: 2

Language: English

Hardback (Published)

(March 2025)

ISBN: 9783506795083

6.1 x 9.25 inches

Price: $129.00

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Synopsis
Authors/Editors
Contributing Authors

The present book encompasses various legal phenomena pertaining to wealth transfer mortis causa in the world of Roman law. It demonstrates that succession in property rights could be realised by agreements of various kinds, which – though not building a coherent legal concept and being much different from the modern understanding of contractual succession – served as will-substitutes, i.e. functional equivalents to the Roman testament. The study goes back to the ancient sources in order to select and examine any testimonies of agreements aimed at regulating patrimonial relationships after death: agreements having immediate effect between the living, those enforceable only at the death of the deceased, and finally, settlements altering the order of succession mortis causa long after his passing away. It uncovers a series of societal patterns of behaviour staying behind legal institutions. The extent of the already ancient phenomenon of estate planning by agreement and the diversity of the dogmatic issues involved provides a notable starting point for discussions on the contemporary inheritance law dogmas.

Aleksander Grebieniow, Dr. iur., is currently an Assistant Professor at the Faculty of Law and Administration of the University of Warsaw and a member of the Research and Analyses Office of the Polish Supreme Court. His areas of expertise include Roman law, contemporary private law, particularly in its historical and comparative contexts, and legal methods.

By (author) Aleksander Grebieniow

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