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  1. 1 Civitas et Lex

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  1. 1 Kursa S. P.

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  1. 1 2019

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USTAWOWY WYKONAWCA TESTAMENTU W PRAWIE RZYMSKIM

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Kursa S. P.
Civitas et Lex
|
2019
|
issue 1(21)
45-54
EN
According to Roman law, the task of executing the last will of the testator rested basically on the testamentary beneficiaries, first of all heirs, or legates. This task, at the will of the testator, could possibly rest on the non-beneficial owner appointed by him. However, if for some reason the testator did not use his prerogative in this respect and he established as heirs or legatees persons who, due to lack of capacity for legal acts, were not entitled to appropriate actions, there was a serious risk that his last will will never be implemented. To prevent such a risk, the Christian emperors ordered in certain cases to execute testamentary dispositions to the persons indicated in their constitutions (leges). In order to determine who and in what cases was such a statutory executor of the will, in this article will be subject to analysis the constitutions of Roman emperors referring to them.
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