Legal Definitions - quorum bonorum

Quorum bonorum is a term from ancient Roman law. It refers to a specific type of order, known as a praetorian interdict, issued by a Roman magistrate called a Praetor. This order allowed a person to take provisional possession of an estate, which included property, assets, and inheritances. It was often used to ensure an estate was managed and protected, especially in situations where there were disputes over inheritance or delays in formal legal proceedings.

• Example 1: Disputed Will

  Imagine a wealthy Roman citizen, Marcus, who dies leaving a will that names his nephew, Lucius, as the sole heir. However, Marcus's estranged son, Brutus, challenges the will's authenticity, claiming it was forged. While the courts investigate the will's validity, which could take a long time, the Praetor might issue a quorum bonorum in favor of Lucius. This order would allow Lucius to take immediate possession and manage Marcus's estate – collecting rents, paying debts, and maintaining properties – preventing the estate from falling into disarray during the lengthy legal battle. This doesn't mean Lucius is definitively the owner, but he has provisional control to ensure the estate's continuity.

• Example 2: Intestacy (No Will)

  Consider Cornelia, a prominent Roman matron, who dies suddenly without leaving a will. She has several distant relatives, but no immediate family. Her closest living relative, a cousin named Julia, steps forward to claim the inheritance. To prevent the estate from being neglected or its assets from being misused while the formal legal process determines the rightful heirs according to Roman succession laws, the Praetor could issue a quorum bonorum to Julia. This would grant her temporary possession and the authority to administer Cornelia's properties and finances until the legal system definitively settled who the rightful inheritors were.

• Example 3: Protection of Assets

  Suppose a Roman merchant, Gaius, dies while traveling abroad, leaving a substantial estate in Rome but no clear instructions for its immediate management. His adult children are also away on military campaigns and cannot return quickly. Fearing that the estate's valuable goods, slaves, and properties might be neglected, stolen, or damaged in the absence of an administrator, a concerned family friend or even the Praetor himself might initiate a quorum bonorum. This order could be granted to a trusted steward or another responsible party to take provisional possession, secure the assets, and manage the estate's affairs until Gaius's children could return and formally claim their inheritance.