Scaevola D. 32,37,3: Fideicommissum a debitore oder a donatario relictum?

Abstract

Abstract Scaevola D. 32,37,3: Fideicommissum a debitore or a donatario relictum? Classical Roman law did not know revocation of a gift. Thus, the donation in D. 32,37,3 is neither a revocable gift nor a donatio mortis causa. On the other hand, the son could be burdened with a fideicom-missum because he was debtor of the deceased. The relation between his obligation and the fideicommissum is the key to understand Scaevolas decision.