Abstract
There is a fundamental difference between the modern and the ancient concept of the immortality of the soul. According to the Romans, after the soul had left the body its immortality depended on the way in which the dead body had been handled. The chapter begins by examining the importance of and the concern for the immortality of the soul. Then, the author studies three cases, in which heirs had been asked to build a monument - one in which the fideicommissum was not carried out and two in which it was. Finally, he discusses three further cases in which the fideicommissum to build a monument caused legal problems. As the basis for this paper the author uses some literary sources, various inscriptions, and three responsa from Justinian's Digest. When these sources are compared it becomes easier to put Roman views on the immortality of the soul in their historical context. Keywords:immortality of the soul; Justinian's Digest; Roman Law
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