D. 50.17.1 and the regula Catoniana

Olga Tellegen-Couperus; Jan Willem Tellegen

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Chapter 11 D. 50.17.1 and the regula Catoniana

In: The Regula as a Rhetorical Device in Roman Law

Authors:

Olga Tellegen-Couperus

Olga Tellegen-Couperus
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Jan Willem Tellegen

Jan Willem Tellegen
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Type:: Chapter

Pages:: 150–174

DOI:: https://doi.org/10.1163/9789004711020_012

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Abstract

The three sentences that make up Paul. D. 50.17.1 do not contradict each other, as has been generally assumed, but go together quite well. They also suit the oldest and most celebrated regula, the regula Catoniana because (1) it concerns the validity of a legacy, (2) far from being normative, the regula Catoniana is at variance with the Roman law of succession because it wrongly assumes that a legatee must be capax at the time of the making of the will, and (3) the regula ‘loses its function as soon as it is falsified in any way’ – which is to say that it does not work in any other case than the one for which it has been invented.

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The Regula as a Rhetorical Device in Roman Law

Series: Legal History Library, Volume: 71

Cover The <i>Regula</i> as a Rhetorical Device in Roman Law

E-Book ISBN:: 9789004711020

Publisher:: Brill | Nijhoff

Print Publication Date:: 26 Nov 2024

Subjects
- Classical Studies
  - Ancient History
- History
  - Legal History

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Chapter 11 D. 50.17.1 and the regula Catoniana

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The Regula as a Rhetorical Device in Roman Law

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