THE HEREDITARY STATUS OF WOMEN AFTER THE SENATE DECISIONS

• Published in: Ius Romanum (Sofiâ) no. 2; pp. 404 - 420
• Main Author: Mitic, Sara
• Format: Journal Article
• Language: English
• Published: Sofia University »St. Kliment Ohridski 2023; Софийски университет »Св. Климент Охридски
• Subjects: Canon Law / Church Law; Criminal Law; Human Rights and Humanitarian Law; Law, Constitution, Jurisprudence; Roman law; praetorian law; senate decisions; Justinian’s law; Lex duodecim tabularum; inheritance status of women
• ISSN: 2367-7007

The hereditary status of women in Roman law was not always the same. In different periods, women's inheritance rights were different and changed with the development of the state and society. When it comes to intestate inheritance, one could observe the hereditary position of a women according to Lex duodecim tabularum, praetorian law and Justinian's law. According to Lex duodecim tabularum, the woman was in the first line of succession, sui heredes and had passive testamentary capacity only if she was in matrimonium cum manu because then she had the position of daughter, filiae loco. According to praetorian law, the woman was in the fourth line of succession, vir et uxor. This means that the surviving spouse, who lived with the testator in matrimonium sine manu until his death, had the right to receive part of the property. However, the legal arrangement of inheritance lines, over time, led to certain problems, especially regarding the inheritance of the mother and children (a consequence of the interference of agnatic and blood kinship, the existence of two types of marriage, with and without manus). Because of this, two senate decisions were brought correcting the inaccuracies between the mother and her children. These were SC Tertullianum and SC Orficianum. This paper aims to show the improvement of the inheritance position of women after the adoption of these senate decisions.