Co-heirs
In early law, when there were more than one heres suus they could form a type of common estate referred to as consortium or societas ercto non cito.
The co-heirs (coheredes) were, in essence, co-owners of the inheritance and could choose to institute the actio familiae erciscundae to effect a division of the common estate. In post-classical law, each co-heir was considered to hold an undivided share in the estate. However, the actio familiae erciscundae could still be employed as an action to divide a common estate.name="_ftnref1132" title="">[1132]It should be noted that in the calculation of the shares certain assets were taken into consideration that did not belong to the actual inheritance but had to be ‘brought in' by the heirs.
5.5.5
More on the topic Co-heirs:
- Types of heirs
- Institution of Heirs
- Heirs
- A legacy (legatum) was a particular form of testamentary disposition whereby the testator left one or more specific objects to some person who was not one of his heirs.
- Institution of the heir
- PLINY HAS COME IN FOR A LEGACY
- Acquisition of legacies
- CURIANUS' EMBARRASSMENT
- Restrictions on Legacies
- PLINY'S SCHEME
- CONCLUSION
- Intestate succession
- CURIANUS' QUERELA INOFFICIOSI TESTAMENTI
- The major reform on intestacy of Emperor Justinian
- As previously noted, the Romans considered the law of succession to be part of the law of things, since succession was construed as a mode of acquisition of rights over things in a mass (per universitatem).