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2 - Bartolus and Family in Law

Published online by Cambridge University Press:  24 February 2022

Thomas Kuehn
Affiliation:
Clemson University, South Carolina
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Summary

Bartolus of Sassoferrato, the leading jurist of his day, whose influence spanned several centuries, first formulated an equation of family and its property (substantia) that cast an image of family enduring over time in the immediate passage of property from father to son. That tie was so pivotal that a son could be termed, however incorrectly in strict legal terms, as a co-owner of the estate with his father. Disinheritance was difficult to conceive of in these terms, although it was an allowed legal institution. Subsequent jurists followed Bartolus's lead, even though they were likely to face only situations where the paradigmatic passage of haereditas from father to son was not possible.

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Publisher: Cambridge University Press
Print publication year: 2022

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  • Bartolus and Family in Law
  • Thomas Kuehn, Clemson University, South Carolina
  • Book: Patrimony and Law in Renaissance Italy
  • Online publication: 24 February 2022
  • Chapter DOI: https://doi.org/10.1017/9781009072816.002
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  • Bartolus and Family in Law
  • Thomas Kuehn, Clemson University, South Carolina
  • Book: Patrimony and Law in Renaissance Italy
  • Online publication: 24 February 2022
  • Chapter DOI: https://doi.org/10.1017/9781009072816.002
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Bartolus and Family in Law
  • Thomas Kuehn, Clemson University, South Carolina
  • Book: Patrimony and Law in Renaissance Italy
  • Online publication: 24 February 2022
  • Chapter DOI: https://doi.org/10.1017/9781009072816.002
Available formats
×