Quasi indignitas w rzymskim prawie klasycznym

Abstract

Background: According to the rules of Roman law, people who entered into the union of mar\xadriage that was impermissible in the light of ius civile could not inherit from each other. The subject of this research is the sources illustrating this phenomenon. \nResearch purpose: The article aims to prove that despite describing such spouses as indigni, the sources do not constitute the manifestation of unworthiness to inherit (indignitas), but of an institution that was close to it. \nMethods: The article correlates the formal-dogmatic and historical-legal method with philolo-gical source analysis. \nConclusions: In classical Roman law, indignitas was not imposed on people contracting an im\xadpermissible marriage. The jurists, however, shaped a corresponding institution – quasi-indignitas. Unlike the unworthiness to inherit, its scope went beyond the hereditary law: both the inheritance owed to one spouse under the other spouse’s will as well as mutual settlements before marriage were forfeited to the treasury. This sanction was defined as indignitas only during the period of post-classical law.