Protection of family property and interests of creditors (Kopylov A.V. Legates, fideicommissas and donations in the event of death in Roman private law)

Abstract

The article examines the monograph by A. V. Kopylov “Legates, fideicommissas and donations in case of death in Roman classical law” (M., Gorodets, 2021). It is noted that a monograph on the stated topic is a natural stage of the author’s research work. The monograph first of all determines the place of these institutions in Roman civil law. At the same time, the connection between these institutions of inheritance law and the institutions of property law and, in general, their role in the circulation of things is shown. One of the main tasks that were solved through the use of legates and fideicommissas was the transfer of rights to things in order to protect the interests of family members (heirs under a will). The author points out the genetic connection between institutions. A. V. Kopylov examined the historically first forms of institutions (mainly legates and fideicommissae), as well as their features that developed by the classical era, and, as necessary, comparisons with the subsequent era take place. In the final section of the study, the author contains a brief historical outline of the development of the institutions discussed in the book. The review notes that the appendix to the main text contains an extensive list of author’s translations of fragments of the Corpus iuris civilis, the sixth book of the Justinian Code and Novellas, previously unknown to Russian readers. The main conclusions of the review can be reduced to the fact that the monograph by A. V. Kopylov is of great scientific importance and is of interest both to novelists, philologists, historians, and to a wide range of students and graduate students.

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