Falcidian Law

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 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.

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 Falcldlan portion. A similar principle exists in Louisiana. See Legitime. As to the early history of testamentary law, see Maine, Ancient Law. 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.

In Roman law. A law on the subject of testamentary disposition, enacted by the people in the year of Rome 714, on the proposition of the tribune Falcidius. By this law, the testator's right to burden his estate with legacies was subjected to an important restriction. It prescribed that no one could bequeath more than three-fourths of his property in legacies, and that the heir should have at least one-fourth of the estate, and that, should the testator violate this prescript, the heir may have the right to make a proportional deduction from each legatee, so far as necessary. Mackeld. Rom. Law, § 771; Inst. 2, 22.

or POBTIOTJ". In the reign of Augustus, on motion of Publius Falcidius, it was enacted (40 B. C.) that a testator could not bequeath away from his heir more than three-fourths of his estate. ^ In principle, adopted in Louisiana, and perhaps elsewhere.

[Lat. Lex Falcidia.] In the civil law. A law enacted on motion of Publius Falcidius, tribune of the people, A. U. C. 714, by which a testator was forbidden to give more, in legacies, than three-fourths of all his effects, (qua cavetur ne plus legare liceat quam dodrantem totorum bonorum;) or, in other words, requiring him to leave at least one-fourth of his estate to the heir. Inst. 2. 22. pr. Cooper's Notes, in loc. Heinecc. Elem. Jur. Civ. lib. 2, tit. 22. Calv. Lex. Jur.