Article by Thomas B. Lemann
The Burgundian Code, the law of Gundobad, who reigned from 474 to 516, provided a forced portion for sons:
In a recent controversy it became clear that a certain Athila . . . had not given his son the portion due to him but had transferred his property to other persons through illegal written title since he had wished nothing therefrom to belong to his son, and that no one may follow a bad example in this matter, we order that what he has done contrary to law shall have no legal force, and we add that all his property shall be possessed by his son.
The laws of King Liutprand of the Lombards, who reigned from 712 to 744, also provided for a reserved portion in the case of legitimate children. In Spain the Visigothic Code of 483, the primary source of the seventh century Fuero Juzgo, was derived mainly from Germanic origins. It likewise fostered the concept of the reserve, which was perpetuated in the Fuero Real of 1254. Although the Siete Partidas (thirteenth century) increased somewhat the freedom of testation, the legitime of children persisted despite the greater Roman influences increasing the freedom of testamentary disposition.
About the Author
Thomas B. Lemann. A.B. 1949, LL.B. 1952, Harvard University; M.C.L. 1953, Tulane University. Member of the Bar, New Orleans.
Citation
52 Tul. L. Rev. 20 (1977)