The Influence of Roman Law on the patrimonial situation of the surviving spouse in the intestate succession of French written law

Abstract

In the old French written law characteristic of the Middle Ages, the legal provisions on succession were not dictated exclusively by the rules of Roman law but were also influenced by local customs applicable in the south of France. The legal provisions ensured that the surviving spouse's patrimonial situation (especially in the case of the widow) did not suffer a sudden change of lifestyle after the death of the life partner. The substantial advantages enjoyed by the surviving spouse were mainly granted through seemingly voluntary legal manifestations, but which had well-founded beliefs and customs at the root. The rules of legal inheritance and those governing the dissolution of the matrimonial regime provided patrimonial aid but were far from sufficient.