Ctio familiae erciscundae in the Gortyn law Code and the Law of the Twelve Tables

Abstract

In this paper, the author examines the relationship between Greek and Roman legal traditions through the analysis of actio familiae erciscundae - a Roman legal action seeking the partition of inheritance (division of family property), which can be found both in the Gortyn Law Code and the Law of the Twelve Tables. Several scientific research methods were used in the paper, with the comparative legal research method being the most represented one, due to the nature of the subject at hand. Using comparative legal research, the author will try to answer the question of whether the actio familiae erciscundae legal action can be marked as a kind of legal transplant and whether it is possible to come to some more general conclusions about the degree of legal transplantation between the two great ancient legal systems from this relationship. To provide the most comprehensive answer to this question, the historical method (historical approach to legal research) was also used in the paper to better understand the socio-political context of the given time, along with the linguistic method to correctly interpret the true sense and meaning of the actio familiae erciscundae action. Although, at first glance, the existence of this particular legal action in these two large ancient legal systems indicates certain similarities, a deeper analysis of the nature of family union and property in Roman and Greek society reveals some key differences presented in the paper, based on which the author concludes that the degree of Greek influence on Roman law is somewhat overrated and overemphasized