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21 Historia et ius 1 (2022)

handle is hein.journals/histeiu21 and id is 1 raw text is: 



HISTORIA  ET IUS - ISSN 2279-7416 - DOI 10.32064/21.2022.01 - 1 marzo 2022


rivista di storia giuridica dell'eti medievale e modema  www.historiaetius.eu - 21/2022 - paper 1







                           Angela   Santangelo   Cordani






       Note   per  una   ricerca  sull'influenza di Enrico Besta sulla
  storiografia   giuridica del Novecento: la successione ab intestato


Notes  for a research on the influence of Enrico Besta on the legal historiography of the
                    twentieth century: the ab intestato succession



ABSTRACT:  In the work of Enrico Besta - and in the subsequent Italian juridical historiog-
raphy that has moved  in the path he traced -, we can see a clear line of continuity, in the
matter of succession ab intestato, between the iurapropria, which pursued the aim of guaran-
teeing the favor of agnatio, and the late medieval and ancient regime legal doctrine, in defense
of the existing family model and the values it expressed.
The unity of the family patrimony in the hands of a few or, better still, of only one - legitimate
son, male and preferably firstborn - capable of perpetuating the name of the family and
keeping the substances intact from generation to generation emerges in all clarity from the
work  of the first Ambrosian Master of the History of Italian Law - destined to the central
role of 'imprinting' in the historiographical literature of both the early and late twentieth
centuries - as the goal that this family model aspired to.

KEYWORDS:   Succession, Besta (Enrico), legal historiography.


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