Review article
Inheritance law of the pyran statute in the view of reception
Marko Kambič
Abstract
The Pyran statute is an especially precious historical legal source. Ali four of its publications from the 14th century have been preserved in entirety which means that one can follow the development of statute provisions over that important period.
The author presents the important characteristics of inheritance in Pyran by both by will and intestate considering all four Pyran statutes. On the basis of the analysis of the provisions, the author argues that the last fourth statute of 1384 represents the transformation in regard to reception. In parts where, in older statutes, a definite Roman law institute already existed be it as an expression of continuity or the result of earlier reception, progress, improvement and legal culture are obvious even though the quality of classical Roman law was not achieved in expression. In some important aspects the fourth statute in the špirit of Roman law also standardised novelties which the author illustrates with the example of the compulsory inheritance of descendants. The comparison of the reason for disinheritance according to the fourth statute with Justinian's 115th amendment confirms that between them there are no important differences at all.
On the basis of this study the author concludes that despite indisputable reception, that is, the influence of the law studied, the fourth Pyran statute still contains many local peculiarities, which have remained in force alongside general law or even in opposition to it. As the most important reasons for the transformation regarding reception, the author mentions the built up social economic circumstances, and the knowledge and the capability of the writer of the statute.
Keywords
succession law; statute book of Piran; Roman law; reception; compulsory inheritance; ius proprium; ius commune
Hrčak ID:
37841
URI
Publication date:
15.11.2006.
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