Partea sufletului. Un vechi obicei juridic de sorginte romană, încorporat în conţinutul desemnat prin noţiunea de "sarcină a moştenirii"

Judecător dr. Filip Pavel*

* Judecător la Curtea de Apel Bucureşti, secţia a IV-a civilă.

Part of the soul. An old legal custom of Roman origin, embedded in the content designated by the concept of “duty of inheritance"

Abstract

In the old legislation of the Romanian Principalities, when there was no clear delineation between the secular and the religious law, there were rules about an institution of law called “Part of the soul".

The expression “Part of the soul" meant a part of the wealth of the deceased that was appropriated by the latter, by legal documents, to what was designated by the vocables of human soul.

This institution is of Roman origin. The argument of this assertion is the adoption by the Romans, after the conquest of Dacia, of certain administrative and legal regulations whereby Dacia’s population was bound to tend the graves and make...