Roman Things Succesfully Concept Vs United State Concept Donald Trupm

Character Of Succession

under the Roman Law succession was universal a universal succession means the succession to a universitas juris bundle of rights and duties i.e.the succession of all the
rights and liabilities of the dead man when a roman died the heir succeded to all his property and liabilities and this was called hereditas inheritance the inheritance was
not merely an inheritance of property it was also the transfer of the personality of the deceased to the heir on the death of the paterfamilias both his property and
it was also the transfer of the personality of the deceased to the heir on the death of the paterfamilias both his property and personality descended to the heir the legal

clothing of the deceased dropped from him and fell upon the heir he was the universal successor he stepped into the shoes of the deceased he was entitled not only to the assets
but he was also responsible to pay all the debts of the deceased if the paterfamilias died a bankrupt and his liability was greater than his assets the heir had to pay
all the debts from his own pocket it was immaterial whether the liabilities were disproportionate to the assets the heir could not raise any ground that the deccased
had left no founds to discharge his debts until the altertion of the law by justinian the heir was bound to pay all the debts of the deceased even if he
obtained no property from him whatever

Roman Things Succesfully Concept

Justinian's benefit of inventory-justinian altered the law and relieved the heir from unlimited liability by introducing the principle of limited representation by the benifit
of inventory the heir was given an option to make an inventory of all the property of the deceased if he did so his liability was limited by tile amount of the property
received i.e.he was not bound to pay the debts of the deceased beyond the assest that came into his hands but if he made no inventory,his liability remained absolute as
before and he was liable not only for the debts of the deceased but in addition,was compelled to pay all the legacies,even if the assets proved insufficient

Heir and modern executor

It is said that justinian converted the heir into an executor,a mere official appointed by the testator for the purpose of winding up his affairs and distriuting his property
it is true that the heir like an executor,had no personal liability for the debts of the deceased and like an executor he had to distribute the legacies and pay off the debts
here the similarity ends.an executor has no personal interest in the estate he administers,unless something has been expressly given to him by the testator.but the case is otherwise
with the roman heir who took the estate subject to debts and legacies.He could claim his right to a fourth but an executor has no such claim

Kinds fo Succession:-

There were two kinds of succession recognised in the roman law,testamentary and intestate.testamentary succession arose when a person by testament will appointed an heir
to succeed to his estate after his death intestate succession arose when the deceased left no will and his estate devolved upon his relations in certain orders according
to the law of the land