Theses ex materia successionis ab intestato

we inquire into the essence of this word, we think it is worth the effort: Inheritance, by the authority of Gaius Gaius, 2nd-century Roman jurist, is nothing other than succession in the entirety of the right which the deceased had.

VIII.

We understand this definition with Bartolus against Alciatus in such a way that it is a succeeding right which, after the death of the deceased and before the inheritance is entered upon, is subrogated to the deceased, and represents his person in all the rights he had.

IX.

And that right representing the deceased, once entered upon by the heir, is no longer contained under the appellation of inheritance, but is confounded with the heir's estate, as is commonly accepted by the Doctors of Law original: "DD." or "Dominos", referring to legal scholars, and we believe it to be more true.

X.

Since, therefore, three degrees of succeeding have been introduced by the right of the Authenticum The collection of Novellae Constitutiones of Justinian: of descendants, of ascendants, and of collaterals, our discussion for now will be on the first.

XI.

Various species of the first degree are found, just as of the others, such as legitimate and natural children, natural children only, legitimated children, legitimate children only, incestuous children, and spurious children.

XII.

Therefore, in the succession of a deceased paterfamilias head of the household or filiusfamilias person under the power of the head of household, his children, if they exist, succeed, being preferred to all others; those of the first degree succeed equally, and more distant descendants succeed by lines of descent.

XIII.

And this proceeds without attention to the distinction of whether they are self-successor children, emancipated, male, or female, as that has been expressly abolished by the law of the Authenticum, although some think the same obtains in feuda feudal holdings/fiefs regarding emancipated