Falcidian law

Falcidian law
/folsidiysn lo/fael/ In Roman law, a law on the subject of testamentary disposition. It was enacted by the people during the reign of Augustus, in the year of Rome 714, on the proposition of the tribune Falcidius. By this law, the testator's right to burden his estate with legacies was subjected to an important restriction. It prescribed that no one could bequeath more than three-fourths of his property in legacies, and that the heir should have at least one-fourth of the estate, and that, should the testator violate this prescript, the heir may have the right to make a proportional deduction from each legatee, so far as necessary.
A similar principle exists in Louisiana.
In some of the states the statutes authorizing bequests and devises to charitable corporations limit the amount which a testator may give, to a certain fraction of his estate

Black's law dictionary. . 1990.

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  • Falcidian law — Falcidian Fal*cid i*an, a. [L. Falcidius.] Of or pertaining to Publius Falcidius, a Roman tribune. [1913 Webster] {Falcidian law} (Civil Law), a law by which a testator was obliged to leave at least a fourth of his estate to the heir. Burrill.… …   The Collaborative International Dictionary of English

  • Falcidian law — /folsidiysn lo/fael/ In Roman law, a law on the subject of testamentary disposition. It was enacted by the people during the reign of Augustus, in the year of Rome 714, on the proposition of the tribune Falcidius. By this law, the testator s… …   Black's law dictionary

  • Falcidian Law — A Roman statute, enacted in 714 A. D., which restricted the disposition of property by will to the extent that one fourth of the property of a testator, who was the father of a family, was reserved from the exercise of testamentary power in such… …   Ballentine's law dictionary

  • Falcidian portion — Fal·cid·i·an por·tion /fȯl si dē ən , fal / n [from Falcidius, Roman tribune who proposed the law passed in 40 B.C. that established the portion]: the one fourth portion of a succession that may be retained by the instituted heir in civil law if …   Law dictionary

  • Falcidian — Fal*cid i*an, a. [L. Falcidius.] Of or pertaining to Publius Falcidius, a Roman tribune. [1913 Webster] {Falcidian law} (Civil Law), a law by which a testator was obliged to leave at least a fourth of his estate to the heir. Burrill. [1913… …   The Collaborative International Dictionary of English

  • Falcidian portion — The one fourth part of a father s property which, under the Falcidian Law of Rome, he could not dispose of by will. United States v Perkins, 163 US 625, 41 L Ed 287, 16 S Ct 1073. See Falcidian Law …   Ballentine's law dictionary

  • Falcidian portion — /folsidiyan porshan/fael/ That portion of a testator s estate which, by the Falcidian law, was required to be left to the heir, amounting to at least one fourth. See also legitime …   Black's law dictionary

  • Falcidian portion — /folsidiyan porshan/fael/ That portion of a testator s estate which, by the Falcidian law, was required to be left to the heir, amounting to at least one fourth. See also legitime …   Black's law dictionary

  • legitime — le·git·i·me /lə ji tə mē/ n [French, from Latin legitima ( pars ) the lawful (share)] in the civil law of Louisiana: the portion (as one fourth) of a testate succession that is reserved for a forced heir – called also forced portion; compare… …   Law dictionary

  • marital portion — n in the civil law of Louisiana: a one fourth portion that a surviving spouse is entitled to claim from the estate of a spouse who has died rich in comparison to the surviving spouse compare disposable portion, falcidian portion, legitime …   Law dictionary

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