Abstract

KUPISCH, Berthold. De suo dabit substitutus: Papinian 29 quaest. D. 35, 2 (de lege Falcidia), 11, 5 und 6. Fundamina (Pretoria) [online]. 2014, vol.20, n.1, pp.500-511. ISSN 2411-7870.

Frequently authors like to rely on Papinian's text (§ 5) in order to establish the thesis that in substitutio pupillaris, if the inheritance of the pupillus does not suffice to fulfil the legacies bequeathed under the second will, the substitutus will have to pay out of his own funds, de suo, in excess of his share, that is to say that the substitute is not even going to have an heir's protection as prescribed by the lex Falcidia (Falcidian quarter). The article sets out to demonstrate that this thesis is unfounded. The lex Falcidia guarantees the protection of the substitutus. The Papinian reflections (§§ 5, 6) merely discuss the fact that in certain cases the protection provided by the Falcidian quarter may diverge from the common formula according to which the substitutus is treated as heir to the father of the pupillus. The expression de suo (§ 5) refers to the inheritance the substitutus receives from the pupillus.

        · text in German     · German ( pdf )