Legal Definition and Related Resources of Falcidian Law

Law promulgated in 714 A. D. in Rome which governed disposition of property of testator with family . The law provided that testator with family could not exercise testamentary disposition of more than t.r.e. fourths of his estate . See U.S. v Perkins, 163 U.S. 625, 41 L.Ed. 287, 16 S. Ct. 1073. See Forced heir.

In Roman law. A statute or law restricting the right of disposing of property by will, enacted by the people during the reign of Augustus, on the proposition of Falcidius, who was a tribune in the year of Rome 714. Its principal provision gave power to fathers of families to bequeath three-fourths of their property, but deprived them of the power to give away the other fourth, which was to descend to the heir. Inst. 2. 22. This fourth was termed the “Falcidian portion.” A similar principle has been adopted in Louisiana, where donations inter vivos or mortis causa.cannot exceed two-thirds of the property of the disposer, if he leaves at his decease a legitimate child; one-half, if he leaves two children; and one-third, it he leaves three or a greater number. Civ. Code, art. 1480. A similar principle prevailed in England in earlier times, and it was not until after the Restoration that the power of a father to dispose of all his property by will became fully established. 2 Bl. Comm. 11. As to the early history of testamentary law, see Maine, Anc. Law. At the present day, by the common law, the power of the father to give all his property is unqualified. He may bequeath it to his children equally, to one in preference to another, or to a stranger in exclusion of all, except that his widow has a right of dower in his real property. In some of the states, the statutes authorizing bequests and devises to charitable corporations limit the amount which a testator may give, to a certain fraction of his estate.

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This definition of Falcidian Law is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

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Falcidian Law