Quart und Querel

If children were left empty-handed in the will, they could sue for breach of the pietas duty. However, it was sufficient to leave a quarter of the intestacy portion to protect the will against annulment to the extent of the entire intestacy portion. Imperial rescripts also gave a quarter against gif...

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Bibliografiske detaljer
Hovedforfatter: Wimmer, Markus
Format: Online
Sprog:tysk
Udgivet: Brill Deutschland GmbH 2025
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Online adgang:https://library.oapen.org/handle/20.500.12657/102327
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Summary:If children were left empty-handed in the will, they could sue for breach of the pietas duty. However, it was sufficient to leave a quarter of the intestacy portion to protect the will against annulment to the extent of the entire intestacy portion. Imperial rescripts also gave a quarter against gifts made in order to leave an empty inheritance. Justinian's reform constitution in C. 3.28.30 can be explained by this "quarrel-excluding fourth".