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Features of the Legal Protection of Legate in Roman Private Law and Modern Russian Civil Law
Candidate of Legal Sciences, Associate Professor of the Department of Civil Law of
the Law Faculty of the Lomonosov Moscow State University
The article analyzes the history of the evolution of the legal protection of legate in ancient Rome: in archaic law, in the period of the empire and the emperor Justinian law. In the process of research author firstly uses fragments of the Code of Justinian that have not been translated into Russian before. Based on the analysis of Roman legal monuments we can assert that the system of protection of rights of legatee in the Roman private law was changed. A legate in Roman law was understood as a binding of an heir by will to donate certain property interest of the hereditary mass in favor of a third person made by the testator in the will. The testator, included in his will this condition, called legator; heir by will, burdened legate, was named executor of the legate, and a third person, who owed property – legatarius. First he had three suits to protect: actio in rem, actio in personam and a mixed suit. Later under Justinian the legatee could use only two suits: personal action as a general rule and real action in special cases. In the second part of this study we examine the specifics of the legal protection of legate in modern Russian civil law. The author concludes that the current Russian legislation on this issue is mainly based on norms of succession law era of Emperor Justinian.
Keywords: testamentary gift; rem legate; obligations legate; real action; personal action; claim for inheritance section.
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Information about the author
Kopylov A.V. (Moscow) – Candidate of Legal Sciences, Associate Professor of the Department of Civil Law of the Law Faculty of the Lomonosov Moscow State University (119991, GSP-1, Moscow, Lenin Hills, 1, bldg. 13 (4th Training Corps), 523a room; e-mail: AVKopyloff@gmail.com).