Brill’s New Pauly

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Minimum share
(320 words)

[German version]

As wills passing over sons were not admissible in classical Greek law ( diathḗkē B.), the question of minimum share did not arise. Even in Roman law, however, a law of minimum share for close relatives developed only slowly. At the beginning of the development there was the right of mandatory heirs ( Succession, laws of III E) to invalidate the will entirely or receive at least a part of the estate in case they were passed over ( praeteritio ). Against disinheritance ( exheredatio ) the mandatory heirs were powerless. A true right of minimum share did exist for a patronus , who wa…

Cite this page
Manthe, Ulrich (Passau), “Minimum share”, in: Brill’s New Pauly, Antiquity volumes edited by: Hubert Cancik and , Helmuth Schneider, English Edition by: Christine F. Salazar, Classical Tradition volumes edited by: Manfred Landfester, English Edition by: Francis G. Gentry. Consulted online on 19 October 2021 <http://dx.doi.org/10.1163/1574-9347_bnp_e917220>
First published online: 2006
First print edition: 9789004122598, 20110510



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