Legal Definitions - lex Junia Velleia

lex Junia Velleia

The lex Junia Velleia was an ancient Roman law, likely enacted in A.D. 26, that addressed specific situations concerning inheritance. It established a legal principle where certain categories of descendants were to be legally regarded as if they were children born after the death of the deceased person (the decedent) for the purpose of receiving an inheritance. This legal fiction ensured that these particular descendants would not be unfairly excluded from heirship due to the timing of their birth or their specific relationship within the family structure.

• Example 1: Grandchild Born After Grandparent's Death

  Consider a wealthy Roman citizen named Aulus, whose son, Brutus, was married and expecting a child. Tragically, Brutus died in battle, and shortly thereafter, Aulus also passed away before his grandchild was born. Under the provisions of the lex Junia Velleia, when Brutus's child was born a few months later, that grandchild would be legally treated as if they were a child born after Aulus's death. This allowed the grandchild to inherit directly from Aulus's estate, securing their share of the family wealth that might otherwise have been lost due to the unfortunate sequence of deaths.

• Example 2: Grandchild Inheriting Through a Deceased Parent

  Imagine a Roman matriarch, Livia, who had a daughter, Claudia. Claudia had a child, Diana. Sadly, Claudia died before her mother, Livia. When Livia later passed away, Diana, as a grandchild whose parent (Claudia) had predeceased the decedent, might have faced challenges in inheriting directly from Livia's estate under strict traditional rules. The lex Junia Velleia could be applied in such a scenario to treat Diana, as a specific kind of descendant, as if she were a posthumously born child of Livia for inheritance purposes. This legal fiction allowed Diana to "step into her mother's shoes" and claim a share of Livia's estate, ensuring her rightful inheritance despite her mother's earlier passing.