Humanities

What is bonorum possessio? »Its definition and meaning

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In the field of law, specifically in Roman Law, it is called “Bonorum Possessio” a legal tool granted by the judge or praetor through the use of the law, to some of the family members in order that they have the power to take possession of inherited assets, without having the need to be considered as heirs, it should be noted that this process must be previously requested by said relatives, this system arises as a response to the old system known as hereditas, which belonged to civil law.

The main beneficiaries of the emergence of the "Bonorum Possessio" Those individuals who had been removed from opting for inheritance due to a strict law belonging to an ancient civil law, which was totally different from what was the balance, since the It did not allow those children who were exempted, the daughters who had contracted marriage, the agnate relatives and the relatives by consanguinity through women, to enjoy the goods that their father had inherited.

It is very possible that the main reason for the creation of this tool is to act as a complement, with which the right of those who claim to have any right to an inheritance was protected, for this it was necessary for said person to appear in front of a magistrate to demonstrate his legitimacy over said inheritance, for which it was required that a document be shown that would prove him as a legitimate heir (testamentary) or, failing that, demonstrate the blood bond that linked it to the deceased, after that the magistrate proceeded to authorize the heir of the assets, which were accompanied by the "interdictum quorum bonorum" which gave them power over those people who wanted to opt for said assets, without being necessary that the "hereditatis petitio" be resorted to

Subsequently to this system correction and supplementary functions were granted, which were approved by the praetor, even for those people who did not have in their possession a title of civil heir, an example of this was when a person died without leaving a will, it was then when the praetor granted ownership of the assets to those individuals who were not considered as civil heirs.