Legaty na rzecz wdowy w prawie rzymskim

Abstract

Roman law was based on a rule, which tried to protect the material status of a widow, who hasn't been under manus of her husband. This kind of a wife did not succeed after her husband in general, but it was possible to make legacies for her. The typical legacies were: legatum pro dotis, pro dote, penoris or quod uxoris causa paratum esse. In the legacy covering dowry (legatum dotis) a husband donated for a wife some items, which were earlier delivered as dos. Legatum dotis was based on duty to return dowry, although not always dowry was returned, sometimes it was just an equivalent. Romans did legatum pro dote, which covered all items not recognized as dos. One of them was also legatum quod uxoris causa paratum esse, which dealt with woman's personal belongings. By this legacy you could transfer a widow: wool, linen, veriscororia, purple, clothes and jewellery (mundum muliebris). Legatum quod uxoris causa paratum esse was constructed to confirm donations for wife and to protect her social position and standard of life. It was also possible to establish legatum penus, which was giving food to a widow. This legacy was of an alimentary character. Legatum dotis, pro date or quod uxoris causa paratum esse were not subject to the limitations of legis Falcidiae and that's why it was easy to establish them.