Access the full text.
Sign up today, get DeepDyve free for 14 days.
References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.
The article deals with the conditions that did not have the legal effect of a ‘proper condition’. The authors distinguish these conditions from a ‘proper condition’ pointing out that the distinguishing feature is an ‘uncertainty’ carried by the condition. Firstly, the authors focus their attention on the condicio supervacua – the term is explicitly used only by Pomponius in the case of legacies. It did not have the effect of a ‘proper condition’, because the uncertainty expressed by the condition already resulted from the legal norm itself. It was an explicitly expressed condicio iuris pursuant to the modern definitions of the term. The authors analyze and compare various cases that seemingly deal with condiciones iuris too. The analysis makes it clear that they were regarded as supervacuae , unless the testator changed the legal situation in some way through their expression. He had to insert some new uncertainty that did not result from the legal norm itself. The other kind of condition that the article deals with is condicio institutionis/substitutionis expressly re-applied to a legatum . This condition is different from condicio supervacua , because in this case the new uncertainty was added by the testator himself. Despite some doubts, the legal opinion which prevailed in Roman law was that such a condition did not have the effect of a ‘proper condition’ in relation to a legacy. The reason is that even if the testator re-applied the condition of institution also to a legacy, he extended only the uncertainty of aditio hereditatis and did not insert any new uncertainty into the legacy itself.
The Legal History Review / Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit – Brill
Published: May 31, 2015
Keywords: Condicio supervacua ; condicio iuris ; dies cedens ; condicio sit expressa , quae inerat
Read and print from thousands of top scholarly journals.
Already have an account? Log in
Bookmark this article. You can see your Bookmarks on your DeepDyve Library.
To save an article, log in first, or sign up for a DeepDyve account if you don’t already have one.
Copy and paste the desired citation format or use the link below to download a file formatted for EndNote
Access the full text.
Sign up today, get DeepDyve free for 14 days.
All DeepDyve websites use cookies to improve your online experience. They were placed on your computer when you launched this website. You can change your cookie settings through your browser.