The nature of the right of legitim

Abstract

In order to examine the real nature of the right of legitim one has to examine the origins of this insti- tute as far back as possible and to scrutinise its evolution throughout the ages and in the different countries in order to decide whether the notion of this right has remained unchanged or whether it has put on other or different meanings throughout its existence. In ancient Greek law, the testator who had male children could not dispose of his property by will; however if there were legitimate sons, the will would become valid, if they died while still minors. However, the testator could still disinherit a child if there was just cause as, for example, injury he suffered, prodigality or a son's grave violation of his duties towards his father. In ancient Roman Law, the 'decemvirale' law vested the pater familias with an unlimited power of disposing of all his estate, but by the passage of time this power was limited both by civil law and by the praetor.