Legal Definitions - extraneus

Extraneus refers to an individual considered an "outsider" or "foreigner" within a specific legal or social context.

Historically, this term often denoted someone who was foreign-born or a citizen of a different state. In Roman law, it specifically applied to an heir who was not a direct descendant or adopted into the testator's family, or more broadly, a citizen from a foreign jurisdiction.

• Example 1 (Historical Foreigner): Imagine a medieval European kingdom where laws were strictly applied based on one's birthplace. A skilled artisan traveling from a neighboring kingdom, even if residing and doing business for years, might still be considered an extraneus in legal proceedings, subject to different rules or lacking certain rights compared to native-born subjects. This illustrates the historical meaning of an extraneus as a foreign-born person or foreigner, highlighting how their "outsider" status could affect their legal standing.

• Example 2 (Roman Law Heir): In ancient Rome, if a wealthy citizen wrote a will leaving property to a close friend who was not related by blood or adoption, that friend would be considered an extraneus heir. This distinguished them from "domestic" heirs (like sons or adopted children) who were automatically considered part of the family estate. This example directly addresses the Roman law definition, showing an heir who is "not born in the family of the testator" and thus an outsider to the immediate familial inheritance structure.

• Example 3 (Broader "Outsider" Concept): Consider a city-state in antiquity where only full citizens could hold public office or own land within the city walls. A successful merchant who migrated from another region and established a thriving business, though contributing to the economy, would remain an extraneus regarding political participation or land ownership rights, as they were not a native-born citizen. This example reinforces the idea of an extraneus as a citizen of a foreign state or someone outside the core group with full rights, demonstrating how their "outsider" status limited their legal and civic participation.