The document discusses the principles of Roman laws of succession. There were two kinds of succession under Roman law: testamentary and intestate. Intestate succession occurred when the deceased left no will, and their estate passed to relations according to laws of priority. These laws originated from the Twelve Tables, Praetor's edict, imperial legislation, and Justinian's novels. Testamentary succession occurred when the deceased appointed an heir via a will. Under Justinian, there were different types of wills including tripartite, nuncupative, and privileged wills.

1. Preeti Kana Sikder
Lecturer, Department of Law & Justice
Jahangirnagar University

2. 
Principles relating to
Roman Laws of
Succession
When a Roman died, the heir succeeded not
only the inheritance of his property but also the
personality of the deceased. He was the
universal successor.

3. 
 After treating the modes of acquisition of single
things Justinian goes on to speak of the ways in
which all the property of one person passed to
another.
 Such acquisition included transmissible rights and
duties.
 The most important of these was inheritance, defined
as ‘succession to the whole right of a deceased
person’
Acquisition per universitatem

4. 
Testamentary
Intestate
Kinds of Succession

5. 
 Intestate succession arose when the deceased left
no will and his estate devolved upon his relations
in certain orders according to the laws of the land.
 The roman law of intestate succession was derived
in order of historical sequence from four sources –
 Twelve tables
 Praetor’s edict
 Imperial legislation
 Justinian’s novels
Intestate Succession

6. 
• Free persons in the power of the intestate who
becomes sui juris on his death
• Sons and grandsons
Sui Heredes
• Failing sui heredes the succession went to the
nearest agnate of the deceased
• If the nearest agnate declined, the inheritance
became vacant
Proximus
agnatus
• Failing agnates the succession went to the
members of the gens, as a unit
• It was a reversion to the gentile community
from which the paterfamilias derived his rights
Gentiles
Law of the Twelve Tables

7. 
Horrors of Intestacy
 Sir Henry Maine opined
that the rules of intestate
succession account for the
vehement distaste for an
intestacy among the
Romans
 No inheritance right
could be achieved
through an emancipated
child or women.

8. 
 The praetor had the power of bonorum possessio
which was the praetorian counterpart of the civil law
succession
 In case of a free-born intestate four classes of persons
were recognised and the corresponding bonorum
possessiones were known as;
 bonorum possessio unde liberi (children)
 bonorum possessio unde legitimi (agnates)
 bonorum possessio unde cognati (cognaes)
 bonorum possessio unde vir et uxor (husband and wife)
Praetor’s Edict

9. 
Justinian’s Novel
In Novels 118 and 127 (AD 543, 548) Justinian superseded the old
schemes of succession in favour of the claims of natural
relationship

10. 
• Descendants
1
• Ascendants
2
• Half
brothers
and sisters
3
• Collaterals
4
• Husband
and wife
5
Justinian’s Novel

11. 
Testamentary
Succession
This succession arose when a person by
testament or will appointed an heir to succeed
to his estate after his death

12. 
Tripartite will
Nuncupative will
Privileged will
Types of will under
Justinian (L. Kabir p 136)

13. 
Jus Civile
• Making of the will and presence of
witnesses
Praetor’s
Edict
• Seals and numbers of
witness
Imperial
Constitution
• Signature of testator
and of witness at
foot of the will
Tripartite Will

14. 
Will made without writing
Consisted of Oral declaration only
Usually made by illiterate and blind
persons
Nuncupative Will

15. 
Soldiers in Active Service
Flexible rule during pestilence or
contagious disease
In rural districts number of qualified
witnesses might be low
Parent distributing property solely
among children
Privileged Will

16. 
Thank you