D. 38, 17, 2, 15 (Ulpiano, 13 ad sabinum). El padre natural y la madre como competidores por la herencia de su hijo

Resum

The senatusconsultum Tertullianum recognized rights to the mother in the intestacy inheritance of her son. The rule can be considered an important step to put cognation in the foreground, especially after it was complemented by Marco Aurelio’s senatusconsultum Orphitianum that recognized children as civil heirs in the bona materna. However, the Adrian reform was born with important limitations. Not only were the descendants of the deceased person prefered to the mother, but also the pater naturalis. Even brothers and sister maintained better expectations than the mother. Claiming for their rights, there usually were conflicts between relatives. Many doubts about the competition for inheritance would have been solved by the jurists.