Hereditas

Hereditas, in Roman law, refers to the totality of rights, duties, and property which belonged to a deceased person (the de cuius) and which could be transferred to a successor or successors, known as the heres (heir). It is broadly equivalent to the modern concept of an inheritance or estate. Hereditas encompassed not only tangible assets but also incorporeal rights, such as debts owed to the deceased, contracts, and even certain personal obligations.

The acquisition of hereditas by the heres was a complex process, governed by specific legal rules. The heres had to formally accept the inheritance (known as aditio hereditatis) unless they were a necessary heir (heres necessarius), such as a slave manumitted in the will, who was automatically the heir. The heir succeeded to the deceased's legal position and became liable for their debts.

Roman law distinguished between two primary forms of succession: testamentary succession (successio testamentaria), where the hereditas was distributed according to the terms of a will (testamentum), and intestate succession (successio ab intestato), which applied when the deceased died without a valid will, in which case the law prescribed the order of succession among the deceased's relatives.

The concept of hereditas was fundamental to Roman law and influenced the development of inheritance laws in many civil law systems. It provided a framework for the orderly transfer of property and obligations following death, ensuring legal continuity and the protection of family interests.