In addition to universal, in Roman law there was a singular succession in connection with death. This meant a unilateral order to give the heir the established amounts to specific or third parties.
There could also be a prescription that the successor must perform certain actions with respect to other individuals. Thus, the succession of the individual rights of the testator was singular. It was without establishing any duties on the heir. Along with this, there was an institution of laying on. This meant that the testator could not only appoint a successor, but also establish certain responsibilities for him. For example, it could be the use of part of the inheritance for the intended purpose. 
What it is?
Testament in Roman law was possible only in the case of payment or covering of debts. A testament refusal was a unilateral disposition in the event of death, on the basis of which a third party was granted the right to receive property benefit from the inheritance amount. As a rule, this was possible if the asset exceeded liabilities. A testament refusal takes place only in accordance with the will of the testator.
Three subjects participated in this relationship. This, in particular, the recipient of the refusal (legatorium), the testator and the obligated person. Fidekomiss could act as a form of refusal. In this case, the testator instructed the successor to transfer any property to a third party. In some cases, often at death, the testator turned to the heir with an informal written or verbal request to do something in relation to a third party or to give him something. At first, such requests were not legally binding. The testator in this case turned exclusively to the conscience or honor of the successor. Subsequently, this form received legal protection.
Testament: GK
The provisions contained in the Civil Code govern relations relating to the sphere of inheritance. A testament and a testamentary laying are defined in Articles 1137 and 1139. The first concept is presented as a special liability of a property type. It is established by the testator in favor of several or one successor.
Its essence lies in the ability of the testator to assign the exercise of any property obligation in favor of the beneficiaries. The latter include both persons included and not included in the inheritance. If they are not recognized as “unworthy” successors after the opening of the inheritance, then they acquire the right to receive a testament refusal. This provision is present in Art. 1117, paragraph 1 and paragraph 5. The legislation does not allow any other form of establishment of a refusal, except for a will. Its appearance is based on the exclusively free will of the testator. 
Legal status of recipients
Any person who is not or is not included in the list of legal successors may act as a receiver. In addition, the testator has the opportunity to prescribe the fulfillment of obligations in respect of an unborn, but conceived during his lifetime person. Nevertheless, despite this, those who receive a testamentary denial do not have the legal status of actual heirs. Indication of them in the document does not provoke any other consequences than those indicated. After the opening of the inheritance, they have the right only to demand from the implementation of the duties assigned to them from the successors.
Testament refusal: example, content
These concepts are defined in Art.1137 Civil Code. In its provisions it is said that the subject of a testament may be:
- Transfer to possession, ownership, use of the obligated successor of the thing that is included in the inheritance.
- The provision of a certain service or the performance of any work.
- Implementation in favor of the recipient of periodic payments.
- Transfer of property law.
- The acquisition by the obligated successor for the recipient of any thing and so on.
So, from the heir, according to the will of the recipient receiving an apartment, house or other residential premises, it may be required to provide a certain recipient with a refusal during his life or for another specified period of time the right to use this object or its share. Along with this, according to Art. 1137, para. 3, para. 2 upon the subsequent transfer of ownership of the property to another person, regardless of the form of alienation (gift, exchange, sale), as well as upon its transfer after the obligated successor to another, the established conditions remain. That is, the right granted to the recipient remains valid. 
Relationship specifics
If we summarize the above data, we can conclude that the testament refusal, in its essence, is expressed by providing the recipient with opportunities clearly defined by the testator. These relationships have their own specifics. In particular, the execution of a testament refusal is carried out by acquiring the appropriate capabilities not directly from the testator, but through the successor. As a result of this, a special relationship is established between the latter and the recipient, which are binding in nature. In them, the heir acts as a debtor. In this case, a person receiving a testamentary denial is considered a creditor.
Legal aspect
The provisions of the Civil Code governing the fulfillment of obligations apply to the legal relationship, unless otherwise provided by the rules in Section 5 and the nature of the testament. The law establishes certain conditions for the implementation of assigned duties. In particular, the execution of the refusal lies within the boundaries of the inheritance transferred to the successor. In this case, the mandatory share must be satisfied, and the testator’s debts repaid. If the testamentary denomination is assigned to several heirs, then in this case the encumbrance corresponds to their shares. 
The death of the obligated successor
It should be noted that the testamentary refusal, a sample of which is presented in the article, is carried out only upon acceptance of the inheritance. In this regard, at the death of the successor at the same time as the testator, before opening or not accepting, the obligation to fulfill the requirements passes to other persons who received his share. This can be done in the order of incrementing parts or assigning the heir. This provision is defined in Art. 1140 Civil Code. If the obligated successor dies after the opening, having not had time to accept the share owed to him, the execution of the refusal passes to his heirs.
Implementation period
The recipient of the refusal can exercise his right within three years from the moment of opening the inheritance. This limitation period is set in Art. 196 and 1137 (paragraph 4). The rights of the creditor do not transfer, and the obligation of the debtor shall be inherited, unless otherwise provided in the will or law. This position is enshrined in Art. 1140. If the creditor renounced his right, then the debt shall be considered forgiven. In this case, an increase in the share of the debtor occurs. Refusal in favor of another person with reservations or under the conditions is not allowed. If within three years the recipient does not require the execution of the refusal from the obligated successor, the latter shall be deemed to have been released from duty. Other grounds for removing claims from the debtor are:
- The death of the recipient simultaneously with the testator or before the will is opened.
- Cases established in Art. 1117, p. 5.Its provisions specify the conditions when the recipient is deprived of his rights as "unworthy."
- Refusal to accept what is considered to be tantamount to adding up debt.
However, the law provides an exception. The only case when the debtor, even if these conditions are present, is still obliged to fulfill the refusal, is considered the appointment of another recipient. 
Another type of encumbrance
A testament is considered the obligation of several or one heir to carry out at the will of the testator some action. It may be property or non-property in nature and may be aimed at the implementation of socially useful goals. This provision is established in Art. 1139. The same obligation may be imposed on the executor of the will if part of the property is allocated therein for these purposes.
Comparative characteristics of concepts
Testamentary laying, unlike a refusal, which provides only for the property nature of the relationship, as well as the specificity of the beneficiary, may also presuppose an action of a non-property type. A distant analogy in this can be seen from Art. 582 of the Civil Code. A testamentary denial and testamentary laying act as an encumbrance solely for the share of a specific heir.
Sales order
Testamentary assignment related to the implementation of property actions is implemented in accordance with Art. 1138. The fulfillment of obligations by the debtor occurs from the moment he accepts the inheritance. At his death, before the will is opened or at the same time as the testator, and also in case of non-acceptance of his share, the claims are transferred to other persons who received his part. This is carried out in the order of assignment of the heir or increment of shares. If the execution of the assignment is prescribed to the executor of the will, then he will be deemed obligated to carry out the prescribed actions only after his consent to play this role. 
Key Features
The difference between a testament and a refusal is its implementation in favor of an indefinite number of persons. So, heirs may be ordered to establish awards (grants) to finance research or educational programs. An encumbrance may be a requirement to provide material incentives to prominent scientists, artists, or literature. These assignments are made by the heirs in accordance with the rules for the implementation of legacy.
Non-property actions
It should be noted that the performance of obligations of this type is not very clearly regulated by law. This is due to the fact that their existence does not concern property restrictions. So, the testator can prescribe the duty of successors to acquaint everyone with various collections (coins, paintings, orders and commemorative signs, postage stamps, etc.), cultivated gardens, book collections that have passed to them. Another burden may be the care of animals left after the death of the testator. 
Possible Consequences of Avoiding Prescription
When making an assignment, a citizen assumes that the heir or performer will honestly and conscientiously carry out the actions prescribed by him. Otherwise, clause 3 of Article 1139 will apply. In accordance with it, any other successor or interested person may demand the execution of the assignment by the court, unless otherwise provided in the will.
