Universal Succession
idea · 2 works · 3 mentions · 6 anchored passages
successio per universitatem · Universal succession · juris universitas · singular succession · universal succession
in the texts
Institutes of Roman Law
The doctrine distinguishing succession to an entire patrimony (with its obligations) from succession to single things, underlying the legal difficulty of transferring trust estates.
universal succession (per universitatem successio) or the transmission of the ideal whole of a patrimony, of which we have an example in hereditas testamentary or intestate, differed from singular succession by the capacity of passing obligation as well as Dominion.
Trebellianum, and more completely by Justinian, by investing the Restitutio with the character of successio per universitatem, in other words, by the legislative sanction of a new instance of universal succession.
Succession is the transfer of a right from one person (auctor) to another person (successor), such as occurs, for instance, in the conveyance or alienation of property.
Ancient Law
The legal notion of one person being invested at a single moment with the entire legal position of another.
Succession in corporations is necessarily universal, and the family was a corporation.
It is in the peculiarities of an undeveloped society that we seize the first trace of a universal succession.
This indeed is the proper moment for suggesting a doubt which will press on us with greater force the further we plumb the depths of this subject—whether wills would ever have come into being at all if it had not been for these remarkable ideas connected with universal succession.