Overview

Few legal institutions developed solely under the Roman Empire, but there is one which can provide a rare illustration of the emperors' involvement in building private law: although Roman law did not recognize a `trust' in the same sense as it is used in common law today, it did develop a device - the fideicommissum - which achieved very similar ends. It has remained largely ignored, and yet it is an ideal case study in the evolution of law. As the most versatile institution of Roman inheritance law, it crucially affected the strategies of succession open to testators, and gives insights into a social history of testators' ambitions and legislative concerns. Over six centuries the trust expanded at the expense of established legal institutions, and with Justinian's reforms it finally became dominant. This book studies the history of the trust and its rise to prominence, with reference to the possible influence of the Roman `fideicommissum'.

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9780198252160

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Very few books have been published in English to explain a particular Roman legal institution. This is an excellent specimen and is, indeed, the most ambitious since W.W. Buckland, The Roman Law of Slavery in 1909....This book, with its analysis of important texts, which are given both in Latin and translated, is a splendid guide to a branch of law important for its understanding of the Roman psyche and the working of law. --The Classical Outlook<br> An excellent history of the substantive law of fideicommissa from their origin in republican Rome until the time of Justinian....It is full of insights that will expand the horizons of anyone interested in the comparative study of trusts and decedents' estates. --American Journal of Legal History<br> This challenging case study in legal evolution offers a fresh approach to neglected, yet important topic. --American Historical Review<br> Specialists and advanced students of Roman culture and social history will find this a provocative introduction to the study of the development of the law within its social context. --Choice<br>

'This is a clearly written and interesting account of a very important subject.' T.G. Watkin, Journal of Legal History May '90 'an interesting work on the development of the Roman law fideicommissum ... This is a clearly written and interesting account of a very important subject.' T.G. Watkin, Journal of Legal History 'an excellent history of the substantive law of fideicommissa from their origin in republican Rome until the time of Justinian ... a brilliant study ... The balancing of competing theories is exemplary, and the clarity of exposition is impressive.' W. Hamilton Bryson, University of Richmond School of Law, American Journal of Legal History 'a clear and well authenticated account' D.L. Carey Miller, Scots Law Times

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