Introduction
In the Roman law, the man is recognized as the head of the household owning the entire property under the family’s name. He has authority over his progeny regardless of their age in the family a provision offered by the law. In the view of Roman law, dominance of the men is conspicuously observed in the family setup living their female counterparts with minimum attention with regards to property and authority.
Women are full household members although they are considered subordinate to the men. The sole responsibility of a woman was considered to be that of bearing and raising children (Lewis and Ibbetson, p. 163). This research sets to look at the possible reasons that influenced the Roman legal authorities to allow legal redress for passed-over heirs and how they managed to balance between the testators and the heirs.
Law on heirs
In the Roman law, one was allowed to write a will indicating how he or she would wish his or her property to be inherited after his or her demise. The role of the will basically was to appoint an heir to succeed a testator after death (Frier and Thomas, p. 385). The will however was always received with some challenges owing to various decisions that prompted the need for a legal redress. This mainly happened when some beneficiaries were overlooked in the process of writing the will. The disparity surrounding the will is more intricate when it comes to defining who is a real heir and who deserves what amount of property (Frier and Thomas, p. 385).
The “actio communi dividundo” Roman law, recognizes any lawsuit filed by a co-owner or heir of a common property. It allows for legal redress to challenge the division of property when a testator is seen to have acted unfairly towards a close member of the family. Legal authorities, having considered the natural shortcomings involving the division of property, had to allow and provide for legal solution on such circumstances. Land is a good example for such disparities.
Disputes
It is impossible when dividing a portion of land among the heirs to receive portions of equal value as inheritance. This is a question that has in the past caused dissatisfaction and can never be put to rest unless a legal solution is realized. Roman authorities knew this and they had to come up with a way to deal with such complains. Off course using the above example land may not attract the same value when allocated to different heirs. Consequently, some may feel like they were treated unfairly regarding the will (Frier and Thomas, p. 386).
In such a case, the legal decision is to have the beneficiary with the piece that has more value to pay a certain amount to the one whose piece is of lower value. This makes the division equal to both parties. Another situation that would cause a dispute is when co-heirs are dissatisfied with the distribution of property. Co-heirs can choose to agree on not to divide their property to share control. However, one heir can insist for division of the property and the court will oblige.
Balancing the interests of the testator and the (potential) heirs
In the event where the testator passes-on without leaving a will more often than not there will be some level of disputes within the family. This is mainly in regards to inheritance and distribution of the fortune left behind by the testator. Dealing with such a matter requires careful attention to strike a balance between the two parties that is the testator and the possible heir (Frier and Thomas, p. 386). The Roman law provides that every potential heir receives as much property as stipulated in the content of the will.
Nonetheless, in the absence of a written will to divide property the law declares equal benefits to all the heirs. This is the most reasonable way to avoid disputes in such a sensitive situation. This strikes the balance since there is no will therefore no possibility to disobey the wishes of a testator.
Conclusion
Albeit the Roman law is currently not fully in use it is the foundational idea upon which most principles of law are founded. Nonetheless, these have had tremendous transformation over the years. Initially holding women as of insignificant importance, things have changed with recognition of women on the rise. Heirs to property however are close existing relatives only that can claim or file a lawsuit if they feel like they were unfairly left out in the will process.
The major cause of disputes is ownership of property and the legitimacy for the same. Land is one of the main causes of differences in inheritance. In addition to that, it is the most complex and difficult property to equally share and have all the parties satisfied with their portions. This is mainly because land is a complex asset and can not accrue a standard value. This varies from place to place and from time to time hence the sensitivity in cases involving land.
Works Cited
Frier, Bruce and Thomas Macginn. A casebook on Roman family law United Kingdom UK: Oxford University Press, 2004. Print.