Define: Lex Furia Testamentaria

Lex Furia Testamentaria
Lex Furia Testamentaria
Quick Summary of Lex Furia Testamentaria

The Lex Furia testamentaria was an ancient Roman law that placed a limit on the inheritance that could be included in a person’s will. It specified that no more than 1,000 copper coins or their equivalent could be bequeathed. This law was enacted sometime between 204 and 169 B.C. and was one of the earliest laws to impose restrictions on legacies. Violators of this law would be required to pay a penalty four times the amount, which could be recovered through a rigorous legal process. However, the law did allow a testator to exclude their heir from receiving anything if they distributed their assets among other beneficiaries up to the specified limit.

Full Definition Of Lex Furia Testamentaria

The Lex Furia testamentaria is a Roman law that imposes a restriction on testators, preventing them from bequeathing more than 1,000 asses (722 pounds) of copper or its equivalent. This law was enacted sometime between 204 and 169 B.C. and was among the earliest laws aimed at limiting legacies. For instance, the lex Furia testamentaria permitted a testator to leave nothing to their heir, as long as they designated enough legatees up to the prescribed limit of 1,000 asses. If a testator exceeded this limit by leaving more than 1,000 asses to a non-close relative, that individual would face a penalty four times the amount and be required to repay it through a rigorous legal process. The purpose of this law was to prevent affluent individuals from bestowing substantial sums of money upon non-relatives. Its intention was to ensure a more equitable distribution of wealth among family members and to prevent the accumulation of wealth in the hands of a select few. The severity of the penalty for violating this law demonstrates the Romans’ grave concern for matters of inheritance and the fair allocation of legacies.

Lex Furia Testamentaria FAQ'S

Lex Furia Testamentaria is a Roman law that was enacted in 181 BC. It introduced certain restrictions on the power of testators to dispose of their property through wills.

Under Lex Furia Testamentaria, a testator was only allowed to leave one-third of their estate to non-agricultural heirs. The remaining two-thirds had to be distributed among agricultural heirs, such as children or other close relatives.

No, Lex Furia Testamentaria only applied to Roman citizens who owned agricultural land. It did not apply to non-citizens or those who did not own agricultural property.

If a testator violated Lex Furia Testamentaria by leaving more than one-third of their estate to non-agricultural heirs, the excess amount would be redistributed among the agricultural heirs.

Yes, a testator could bypass Lex Furia Testamentaria by making a donation mortis causa, which was a gift made in contemplation of death. This allowed them to leave their property to whomever they wished, without being subject to the restrictions of Lex Furia Testamentaria.

No, Lex Furia Testamentaria was not officially repealed. However, over time, it became less relevant as other laws and legal developments provided more flexibility in testamentary dispositions.

Yes, there were some exceptions to Lex Furia Testamentaria. For example, if a testator had no agricultural heirs, they were allowed to leave their entire estate to non-agricultural heirs.

Lex Furia Testamentaria aimed to preserve agricultural land within families and prevent its concentration in the hands of non-agricultural heirs. It had a significant impact on inheritance practices by limiting the freedom of testators to dispose of their property.

No, most modern legal systems do not have similar restrictions on testamentary dispositions. The concept of Lex Furia Testamentaria is specific to Roman law and is not commonly found in contemporary legal systems.

No, Lex Furia Testamentaria is not relevant in modern legal systems. Its provisions and restrictions are not applicable in contemporary inheritance laws.

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This glossary post was last updated: 17th April 2024.

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