Legal Definitions - jus tripertitum

Jus tripertitum refers to a specific system of Roman law that governed wills and testaments during the reign of Emperor Justinian (6th century CE). This legal framework was distinctive because it integrated rules and principles from three primary sources of Roman law:

• The ancient civil law (ius civile): The traditional body of law applicable to Roman citizens, often characterized by its formalistic requirements.
• Praetorian edicts (ius honorarium): Rules developed by Roman magistrates (praetors) to supplement, clarify, or correct the civil law, often more flexible and equitable.
• Imperial constitutions: New laws, decrees, and pronouncements issued directly by the Roman emperors, which held supreme authority and could modify existing law.

Essentially, for a will to be considered valid under jus tripertitum, it had to satisfy requirements drawn from all three of these distinct legal traditions, reflecting a comprehensive and layered approach to testamentary law.

Examples:

• Creating a Valid Will: Imagine a wealthy Roman citizen named Lucius in Constantinople during Justinian's time, wishing to draft his last will and testament. For Lucius's will to be legally binding, it couldn't just follow one set of rules. It would need to adhere to the ancient civil law's requirements for specific wording and declarations, incorporate the praetorian edicts' stipulations regarding the number and nature of witnesses, and also comply with any recent imperial constitutions that might have updated inheritance rights or procedures for specific beneficiaries. The final, valid will would therefore be a product of these three interwoven legal traditions, demonstrating the practical application of jus tripertitum.

• Disputing an Inheritance: Suppose a dispute arises after the death of a Roman landowner, Julia, where a relative challenges the validity of her will. The judge presiding over the case would not simply consult a single legal code. Instead, the judge would meticulously examine whether the will met the formal requirements of the old civil law (e.g., proper declaration of heirs), whether it satisfied the equity-based provisions introduced by praetorian edicts (e.g., protection for certain family members), and whether it conformed to any specific directives issued by Emperor Justinian himself concerning testamentary freedom or restrictions. The judicial decision would thus be a synthesis of these three legal "parts," illustrating how jus tripertitum provided the comprehensive legal framework for resolving such complex inheritance matters.