ccessor
(_suus heres_), the [deceased's] nearest male agnate shall have
possession of the estate.
5. If there be no male agnate, the [deceased's] clansmen[20] shall
have possession of the estate.
6. To persons[21] for whom a guardian (_tutor_) shall not have been
appointed by will (_testamentum_), to them [their] agnates shall be
guardians.
7. If a person be insane (_furiosus_), if there be not a guardian
(_custos_) for him, rightful authority over his person and over his
property shall belong to [his] agnates and [in default of these] to
[his] clansmen. If a person be a spendthrift (_prodigus_), he shall be
prohibited from [administering his own] goods and he shall be under
the guardianship (_curatio_) of [his] agnates.
8. If a freedman (_libertus_) shall have died intestate without
self-successor, [his] patron (_patronus_) shall take the inheritance
of a Roman citizen-freedman ... from said household into said
household.
9. Items which are in the category of debts [due to or incurred by a
deceased person] shall be divided [among his consuccessors] by mere
operation of law (_ipso iure_) [in proportion] to [their] portions of
the inheritance.[22]
10. Apportionment of an estate (_actio familiae erciscundae_)
[occurs], when coheirs (_coheres_) wish to withdraw from common [and
equal] participation [in the inheritance].[23]
TABLE VI. OWNERSHIP AND POSSESSION
1. When a person shall make bond (_nexum_) and conveyance
(_mancipium_), according as he has specified with [his] tongue, so
shall be the law (_ita ius esto_).
2. Both conveyance (_mancipatio_) and surrender in court (_in iure
cessio_) are confirmed.
3. Articles which have been sold and delivered are not acquired by the
buyer otherwise than if he has paid the price to the seller or has
satisfied him in some other way, that is, by providing a guarantor
(_expromissor_) or a security (_pignus_).
4. It shall be sufficient to make good those [faults] which have been
named by [one's] tongue, [while] for those [flaws] which he (the
vendor) has denied expressly [, when asked about these,] he (the
vendor) shall undergo a penalty of double [damages].[24]
5. For a loyal person and for a person restored to allegiance there
shall be the same right (_ius_) of bond (_nexum_) and of conveyance
(_mancipium_) with the Roman people.[25]
6. Against an alien (_hostis_) title of ownership (_auctoritas_) shall
be [valid] forever.[26]
7. A prescriptive
|