Chapter 11
In: The Regula as a Rhetorical Device in Roman Law
Authors:
and
Olga Tellegen-Couperus
Olga Tellegen-Couperus
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Jan Willem Tellegen
Jan Willem Tellegen
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Abstract
The three sentences that make up Paul. D. 50.17.1 do not contradict each other, as has been generally assumed, but go together quite well. They also suit the oldest and most celebrated regula, the regula Catoniana because (1) it concerns the validity of a legacy, (2) far from being normative, the regula Catoniana is at variance with the Roman law of succession because it wrongly assumes that a legatee must be capax at the time of the making of the will, and (3) the regula ‘loses its function as soon as it is falsified in any way’ – which is to say that it does not work in any other case than the one for which it has been invented.