This paper deals with some issues concerning the position of women in the Roman law of succession. It provides an analysis of Paulus’s fragment D. 5. 2. 28. regarding a testament of a mother who under a mistaken assumption of her son’s death appointed other heirs; it raises a series of questions, especially since when and under what circumstances could a woman have drawn up a will, what were the inheritance claims of children based solely on cognatic kinship etc. The aim is to explore to what extent did the rights and duties of women differ from those of men in the examined aspects of classical Roman law.
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