Lex Voconia (The Voconian Law) was a law established in ancient Rome in 169 BC. [1]
Introduced by Q. Voconius Saxa with support from Cato the Elder, Voconius being tribune of the people in that year, this law prohibited those who owned property valued at 100,000 asses (or perhaps sesterces) from making a woman their heir. This particular limit was not arbitrary but was apparently the traditional property qualification for admission to the highest class in the Comitia Centuriata, and thus the minimum qualification for the Equestrian Order. In addition, it prohibited extraordinary legacies in a will of a greater value than the inheritance of the ordinary heirs. This intention of this legislation according to Gellius was sumptuary in that it limited the wealth available to women, who were presumed to expend it on useless luxury goods. The law only applied to inheritances by testament and did not affect the intestate law of succession of women, although later this was limited to inheriting to the third degree. [2]
The Lex Voconia was evaded by means of avoiding registration in the census, which entailed the loss of some civil rights, or by the common Roman form of trust known as a "fideicommissum". The second provision was essentially voided by the Lex Falcidia. Legislation under Augustus, in particular the Lex Papia Poppaea relaxed the first provision as well, granting full inheritance rights to married women who were mothers of three children (if born free) or of four children (if a freedwoman).
Inheritance is the practice of passing on private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. The passing on of private property and/or debts can be done by a notary.
Year 169 BC was a year of the pre-Julian Roman calendar. At the time it was known as the Year of the Consulship of Philippus and Caepio. The denomination 169 BC for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years.
A will or testament is a legal document that expresses a person's (testator) wishes as to how their property (estate) is to be distributed after their death and as to which person (executor) is to manage the property until its final distribution. For the distribution (devolution) of property not determined by a will, see inheritance and intestacy.
The Salic law, also called the Salian law, was the ancient Frankish civil law code compiled around AD 500 by the first Frankish King, Clovis. The written text is in Latin and contains some of the earliest known instances of Old Dutch. It remained the basis of Frankish law throughout the early Medieval period, and influenced future European legal systems. The best-known tenet of the old law is the principle of exclusion of women from inheritance of thrones, fiefs and other property. The Salic laws were arbitrated by a committee appointed and empowered by the King of the Franks. Dozens of manuscripts dating from the sixth to eighth centuries and three emendations as late as the ninth century have survived.
Manumission, or enfranchisement, is the act of freeing slaves by their owners. Different approaches to manumission were developed, each specific to the time and place of a particular society. Jamaican historian Verene Shepherd states that the most widely used term is gratuitous manumission, "the conferment of freedom on the enslaved by enslavers before the end of the slave system".
A wife is a female in a marital relationship.
Intestacy is the condition of the estate of a person who dies without having in force a valid will or other binding declaration. Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estate; the remaining estate forms the "intestate estate". Intestacy law, also referred to as the law of descent and distribution, refers to the body of law that determines who is entitled to the property from the estate under the rules of inheritance.
The pater familias, also written as paterfamilias, was the head of a Roman family. The pater familias was the oldest living male in a household, and could legally exercise autocratic authority over his extended family. The term is Latin for "father of the family" or the "owner of the family estate". The form is archaic in Latin, preserving the old genitive ending in -ās, whereas in classical Latin the normal first declension genitive singular ending was -ae. The pater familias always had to be a Roman citizen.
In common law and statutory law, a life estate is the ownership of immovable property for the duration of a person's life. In legal terms, it is an estate in real property that ends at death when ownership of the property may revert to the original owner, or it may pass to another person. The owner of a life estate is called a "life tenant".
Usufruct is a limited real right found in civil-law and mixed jurisdictions that unites the two property interests of usus and fructus:
The legal rights of women refers to the social and human rights of women. One of the first women's rights declarations was the Declaration of Sentiments. The dependent position of women in early law is proved by the evidence of most ancient systems.
Dower is a provision accorded by law but traditionally by a husband or his family, to a wife for her support should she become widowed. It was settled on the bride by agreement at the time of the wedding, or as provided by law.
Forced heirship is a form of testate partible inheritance which mandates how the deceased's estate is to be disposed and which tends to guarantee an inheritance for family of the deceased.
The ius trium liberorum, meaning "the right of three children" in Latin, was a privilege rewarded to Roman citizens who had produced at least three children or freedmen of either sex who had produced at least four children. It was a direct result of the Lex Iulia and the Lex Papia Poppaea, laws introduced by Augustus in 18 BC and 9 AD, respectively. These laws were intended to increase the dwindling population of the Roman upper classes. However, they seem to have also had an important secondary function in the rewarding of amicitia, as the "importance of legacies to Martial and Suetonius can be deduced from their (successful) efforts to obtain the ius trium liberorum"
Fetal rights are the moral rights or legal rights of the human fetus under natural and civil law. The term fetal rights came into wide usage after the landmark case Roe v. Wade that legalized abortion in the United States in 1973. The concept of fetal rights has evolved to include the issues of maternal substance use disorders, including alcohol use disorder and opioid use disorder. The only international treaty specifically tackling fetal rights is the American Convention on Human Rights which envisages the right to life of the fetus. While international human rights instruments lack a universal inclusion of the fetus as a person for the purposes of human rights, the fetus is granted various rights in the constitutions and civil codes of several countries. Many legal experts believe there is an increasing need to settle the legal status of the fetus.
Lex Aebutia de magistratibus extraordinariis was a law established in ancient Rome during the early 2nd century BC, though the date remains uncertain. It is likewise uncertain whether this Lex Aebutia was part of the Lex Aebutia de formulis.
The Hindu Succession Act, 1956 is an Act of the Parliament of India enacted to amend and codify the law relating to intestate or unwilled succession, among Hindus, Buddhists, Jains, and Sikhs. The Act lays down a uniform and comprehensive system of inheritance and succession into one Act. The Hindu woman's limited estate is abolished by the Act. Any property possessed by a Hindu female is to be held by her absolute property and she is given full power to deal with it and dispose it of by will as she likes. Parts of this Act was amended in 2005 by the Hindu Succession (Amendment) Act, 2005.
A fideicommissum is a type of bequest in which the beneficiary is encumbered to convey parts of the decedent's estate to someone else. For example, if a father leaves the family house to his firstborn, on condition that she will it to her first child. It was one of the most popular legal institutions in ancient Roman Law for several centuries. The word is a conjunction of the Latin words fides (trust) and committere, and thus denotes that something is committed to one's trust.
The Custom of Paris was one of France's regional custumals of civil law. It was the law of the land in Paris and the surrounding region in the 16th–18th centuries and was applied to French overseas colonies, including New France. First written in 1507 and revised in 1580 and 1605, the Custom of Paris was a compilation and systematization of Renaissance-era customary law. Divided into 16 sections, it contained 362 articles concerning family and inheritance, property, and debt recovery. It was the main source of law in New France from the earliest settlement, but other provincial customs were sometimes invoked in the early period.
The legal history of the Catholic Church is the history of the oldest continuously functioning legal system in the West, much later than Roman law but predating the evolution of modern European civil law traditions. The history of Latin canon law can be divided into four periods: the jus antiquum, the jus novum, the jus novissimum and the Code of Canon Law. In relation to the Code, history can be divided into the jus vetus and the jus novum. Eastern canon law developed separately.