Legal Definitions - superductio

Superductio refers to a historical method, originating in Roman law, of altering a legal document. It describes the act of carefully erasing a portion of a written document, such as a will, contract, or deed, and then writing new text directly over the area where the original content was removed. The purpose of this technique was typically to conceal the original information and replace it with new details, making the alteration appear as if it were part of the original document.

• Example 1: Altering a Will

  Imagine a wealthy Roman citizen, Lucius, who initially drafts his will to leave a valuable vineyard to his cousin, Brutus. Later, after a disagreement, Lucius decides he wants to leave the vineyard to his niece, Claudia, instead. Rather than creating a new will or a formal amendment, Lucius instructs his scribe to meticulously scrape away Brutus's name and the specific bequest details from the original parchment. The scribe then writes Claudia's name and the new inheritance details precisely over the erased section, attempting to make it look as though Claudia was the intended beneficiary from the start.

  This scenario illustrates superductio because a specific part of the will (Brutus's name and the associated inheritance) was obliterated by erasure, and new text (Claudia's name and the revised inheritance) was then written directly over the erased area to change the document's legal effect covertly.

• Example 2: Modifying a Commercial Contract

  Consider two merchants, Quintus and Decimus, who have a written contract for the delivery of a large quantity of olive oil. The original agreement specifies a delivery date of "the Kalends of October." Before the delivery, Decimus realizes he will be unable to meet this deadline due to unforeseen circumstances. Without informing Quintus, Decimus takes his copy of the contract and carefully erases the words "Kalends of October." He then writes "Ides of November" directly over the same spot, hoping that this alteration will go unnoticed and allow him more time without penalty.

  This is an example of superductio because a crucial term in the contract (the delivery date) was removed through erasure, and new information (a later delivery date) was then inscribed directly over the obliterated section, unilaterally attempting to change the terms of the agreement.

• Example 3: Changing a Property Deed

  In a dispute over land ownership in ancient Rome, an old family deed describes the precise boundaries of a property. One ambitious family member, wishing to claim a neighboring plot, obtains the original deed. They meticulously erase the section of the deed that defines a particular boundary marker, which originally excluded the disputed plot. They then write a new, expanded boundary description directly over the erased area, making it appear as if the family's property had always included the additional land.

  This demonstrates superductio as a part of a legal document (the property deed's boundary description) was obliterated by erasure, and new information (an altered boundary description) was then written directly on top of the erased area to fraudulently change the recorded ownership of the land.