The early Roman law only recognized as relatives those who would
have been members of the same patriarchal family, and under the
same patriarchal authority, had the common ancestor survived. As
wives passed into the families of their husbands, and lost all
connection with that in which they were born, relationship
through females was altogether excluded. The heir was one who
traced his relationship to the deceased through males alone. With
the advance of civilization this rule was changed. The praetor
gave the benefits of the inheritance to the blood relations,
although they were not heirs, and could [361] not be admitted to
the succession according to the ancient law. /1/ But the change
was not brought about by repealing the old law, which still
subsisted under the name of the jus civile. The new principle was
accommodated to the old forms by a fiction. The blood relation
could sue on the fiction that he was an heir, although he was not
one in fact. /2/
One the early forms of instituting an heir was a sale of the
familia or headship of the family to the intended heir, with all
its rights and duties. /3/ This sale of the universitas was
afterwards extended beyond the case of inheritance to that of
bankruptcy, when it was desired to put the bankrupt's property
into the hands of a trustee for distribution.
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