Hereditas damnosa – hereditas suspecta the risk of inheritance acquisition in Roman law

Abstract

The article presents risks associated with inheritance acquisition in Roman law. Indeed, in Roman law, acquisition of inheritance could not only entail improvement of the heir’s financial status but also his impoverishment. Negative consequences associated with inheritance acquisition could affect the heir, as well as the testator’s creditors and the heir’s creditors. A risk of damage to the heir’s material status resulting from their liability for inherited debts occurred particularly in the case of hereditas damnosa, or cursed inheritance, excessively burdened with debt. However, those affected by impoverishment, in addition to heirs also included testator’s creditors. This situation could happen in the case of the so-called hereditas suspecta, i.e. indebted inheritance where the heir was suspected to deliberately encumber his property with debts so that they could not satisfy the inherited creditors.