Kilka uwag na marginesie Tit.Ulp. 20.16

Abstract

In Roman law, a precondition for testamenti factio activa was having freedom. In theClassic and Justinian Law the major matter that was considered while determiningsuccession in case of death, was whether the testator was a free person. This generallydoes not raise major controversies. Statements of classic jurists, amongst others,refer thereto in Justinian Digests and imperial constitutions.It is not affected by the fact that in the preserved source material of Roman law, onecan find a fragment from Titulae ex corpore Ulpiani, which grants public slaves thecapacity to manage half of their peculium, should they have any. Such a possibilitywas not present for private slaves even if they possessed peculium profecticium. Theyalso could not obtain the consent of their owner in this scope to carry out such legalaction, because the ability to draw up a testament was classified in public law, notprivate law, which cannot be changed on the grounds of any agreements. However, thisprivilege is not known to Justinian law. Again, the privilege of testamentary capacityfor public slaves is granted by the Byzantine emperor – Leon VI Philosopher.