The Great Courts of Papal State applied the Justinian Law in matters of women’s intestate succession, which equated men and women. For the noble families and the finances of the Papal State, the danger was that a woman, getting married to a citizen of another State, allowed huge patrimonies to leave the State. For this reason Pope Innocent XI gave instructions to the jurist Giovanni Battista de Luca to set up a Committee which had to enact a Constitution that repealed the Justinian Law and, on the contrary, applied the municipal charters forbidding women to succeed ab intestato. During the meetings de Luca had a clash with another jurist. This paper will analyze the reports submitted to the Committee by the two jurists.
Female intestate succession - Innocent XI - Giovanni Battista de Luca - Voconia
law - Twelve Tables