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Questions and Answers
A "utilia action" was a legal procedure that allowed creditors to pursue claims against the person who had been adopted, even if the original debtor had died.
A "utilia action" was a legal procedure that allowed creditors to pursue claims against the person who had been adopted, even if the original debtor had died.
True (A)
Adrogatio involved a series of sales and manumissions, eventually culminating in a decree from a magistrate officially declaring a child to be the child of the adoptive father.
Adrogatio involved a series of sales and manumissions, eventually culminating in a decree from a magistrate officially declaring a child to be the child of the adoptive father.
False (B)
Gaius argued that the adoption of a person under another's legal power could only happen with a magistrate's order.
Gaius argued that the adoption of a person under another's legal power could only happen with a magistrate's order.
True (A)
The adoption process under Gaius was characterized by a single mancipatio of the son from the natural father to the adoptive father, followed by a declaration of adoption before a magistrate.
The adoption process under Gaius was characterized by a single mancipatio of the son from the natural father to the adoptive father, followed by a declaration of adoption before a magistrate.
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The legal fiction involved in the adoption process was eliminated with the introduction of direct mancipatio to the adopter, simplifying the procedure.
The legal fiction involved in the adoption process was eliminated with the introduction of direct mancipatio to the adopter, simplifying the procedure.
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The Roman Constitution granted Roman citizenship to all freedmen.
The Roman Constitution granted Roman citizenship to all freedmen.
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A master could not manumit a slave if he was already insolvent.
A master could not manumit a slave if he was already insolvent.
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A slave named as an heir in a will was automatically granted freedom.
A slave named as an heir in a will was automatically granted freedom.
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A Roman under the age of 20 could not legally free a slave in their will.
A Roman under the age of 20 could not legally free a slave in their will.
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The Lex Fufia Caninia, which set a limit on slaves freed by will, is still in effect today.
The Lex Fufia Caninia, which set a limit on slaves freed by will, is still in effect today.
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A Roman paterfamilias had the power to sell his son into slavery as a form of punishment.
A Roman paterfamilias had the power to sell his son into slavery as a form of punishment.
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The Roman law concerning the abandonment of children was explicitly forbidding this practice before the year 374.
The Roman law concerning the abandonment of children was explicitly forbidding this practice before the year 374.
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Justinian's law permitted the sale of newborn children into slavery in cases of extreme poverty.
Justinian's law permitted the sale of newborn children into slavery in cases of extreme poverty.
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A Roman father could retain 1/3 of his son's inherited properties, even after the son's death.
A Roman father could retain 1/3 of his son's inherited properties, even after the son's death.
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Roman fathers could marry their niece.
Roman fathers could marry their niece.
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The Lex Aedile Sentia stipulated that manumission required a just cause and that it had to be approved by a board of senators and knights.
The Lex Aedile Sentia stipulated that manumission required a just cause and that it had to be approved by a board of senators and knights.
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Justinian's legislation aimed to restore law to its ancient simplicity by reducing all freedmen to a single type.
Justinian's legislation aimed to restore law to its ancient simplicity by reducing all freedmen to a single type.
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According to Roman law, slaves could be manumitted only by their master.
According to Roman law, slaves could be manumitted only by their master.
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The imperial constitutions confirmed that manumission did not prejudice a person's birth-right.
The imperial constitutions confirmed that manumission did not prejudice a person's birth-right.
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Augustus' legislation to limit indiscriminate manumission led to improvements in the quality of the citizen body.
Augustus' legislation to limit indiscriminate manumission led to improvements in the quality of the citizen body.
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According to Roman law, a person could become a slave solely through capture in war.
According to Roman law, a person could become a slave solely through capture in war.
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In Roman law, the term "Latinitas" refers to the condition where inhabitants of a colony could trade with Roman citizens on equal terms.
In Roman law, the term "Latinitas" refers to the condition where inhabitants of a colony could trade with Roman citizens on equal terms.
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Justinian's legislation aimed to protect patron's rights, eliminating the possibility of ingratitude leading to a freedman's return to slavery.
Justinian's legislation aimed to protect patron's rights, eliminating the possibility of ingratitude leading to a freedman's return to slavery.
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A child born to a Latin or peregrine parent who obtained citizenship through an imperial rescript could not be declared under the power of the father.
A child born to a Latin or peregrine parent who obtained citizenship through an imperial rescript could not be declared under the power of the father.
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Justinian allowed for the adoption of an individual by any other person.
Justinian allowed for the adoption of an individual by any other person.
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If a Roman citizen married a non-citizen woman and their children were considered non-citizens due to the woman's unknown status, the children could be granted Roman citizenship through a senatusconsultum.
If a Roman citizen married a non-citizen woman and their children were considered non-citizens due to the woman's unknown status, the children could be granted Roman citizenship through a senatusconsultum.
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The concept of postliminium refers to a Paterfamilias returning from foreign slavery and resuming power over their family.
The concept of postliminium refers to a Paterfamilias returning from foreign slavery and resuming power over their family.
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Emancipation of a son severed both the agnatic and consanguineous relationships.
Emancipation of a son severed both the agnatic and consanguineous relationships.
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Manus marriage could be contracted by confarreation, coemption, and usu.
Manus marriage could be contracted by confarreation, coemption, and usu.
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Divorce in Ancient Rome was common in the early Republic era.
Divorce in Ancient Rome was common in the early Republic era.
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Concubinage was illegal in Roman society when practiced at the same time as marriage.
Concubinage was illegal in Roman society when practiced at the same time as marriage.
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Under Justinian's laws, the doubts about the effect of captivity on marriage were clarified.
Under Justinian's laws, the doubts about the effect of captivity on marriage were clarified.
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In Roman society, if a husband was unaccounted for more than 2 years, the wife was free to remarry.
In Roman society, if a husband was unaccounted for more than 2 years, the wife was free to remarry.
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The classical notion of a corporation is that it is a legal entity identical to its members.
The classical notion of a corporation is that it is a legal entity identical to its members.
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The idea of attributing juristic personality to a vacant inheritance is currently favored.
The idea of attributing juristic personality to a vacant inheritance is currently favored.
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Usucapion allowed an acquirer to claim an inheritance legally, regardless of their knowledge of having no title.
Usucapion allowed an acquirer to claim an inheritance legally, regardless of their knowledge of having no title.
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Gaius stated that things belonging to an inheritance before anyone becomes heir are owned by no one.
Gaius stated that things belonging to an inheritance before anyone becomes heir are owned by no one.
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The influence of the Roman Law of Persons on modern legal systems primarily derives from its reception rather than inheritance.
The influence of the Roman Law of Persons on modern legal systems primarily derives from its reception rather than inheritance.
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Flashcards
Free marriage
Free marriage
The only form of marriage that existed in Ancient Rome, characterized by mutual consent without manus.
Confarreation
Confarreation
A formal type of marriage in Ancient Rome involving religious rituals and offerings to Jupiter.
Diffarreatio
Diffarreatio
A process of dissolving a manus marriage that occurs through rituals, often related to confarreation.
Concubinage
Concubinage
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Manus marriage
Manus marriage
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Manumission
Manumission
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Quiritary Title
Quiritary Title
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Lex Aedile Sentia
Lex Aedile Sentia
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Latinitas
Latinitas
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Freedom in RL
Freedom in RL
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Jus Gentium
Jus Gentium
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Free-born
Free-born
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Freedmen
Freedmen
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Noxal liability
Noxal liability
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Utilia action
Utilia action
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Adrogatio
Adrogatio
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Mancipatio
Mancipatio
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Patria potestas
Patria potestas
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Types of Freedmen
Types of Freedmen
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Roman Citizenship
Roman Citizenship
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Manumission Fraud
Manumission Fraud
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Insolvent Master Inheritance
Insolvent Master Inheritance
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Lex Fufia Caninia
Lex Fufia Caninia
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Juvenile Manumission
Juvenile Manumission
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Roman Marriage Conditions
Roman Marriage Conditions
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Emancipation Rights
Emancipation Rights
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Prohibited Marriages
Prohibited Marriages
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Juristic persons
Juristic persons
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Hereditas jacens
Hereditas jacens
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Nullius in bonis
Nullius in bonis
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Usucapion
Usucapion
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Limited capacity person
Limited capacity person
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Adoptio Pleana
Adoptio Pleana
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Adoption Minus Plena
Adoption Minus Plena
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Imperial Rescript
Imperial Rescript
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Postliminium
Postliminium
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Study Notes
Law of Persons
- Concerned with classifying people as free or unfree
- Free men and slaves were two primary categories
- Slavery was determined by captivity or civil law
Slavery
- Children born to a slave mother were considered slaves
- Freedom at birth if the mother was free at conception
- Civil law followed the father's status at conception
- Slavery could arise from: hostile capture, debt enslavement, and fraudulent sale
- Emperors' rescripts issued orders designed to protect slaves
- Slaves were considered part of the household initially, treated with respect, and afforded basic consideration.
- Over time, slave labor became increasingly common in estates, and conditions of slave-gangs worsened.
- Slave populations grew as Rome expanded
- Slave labor replaced free labor in towns and countryside
- Economic conditions deteriorated, and limited opportunities arose for slaves to gain freedom, leading to declining slavery importance.
Children
- Children born of slave mothers were considered slaves.
- If a mother was free at the time of conception or during pregnancy, the child was also free.
- There were exceptions.
- Fathers could sell their children into slavery (within limits) in certain circumstances, such as insolvency.
Slave Law and Conditions
- RL stipulated that slaves who killed another slave suffered severe punishments.
- Emperors' rescripts limited owners' power to sell returning slaves, and considered cases of abuse.
- Attitudes towards slaves shifted over time; they initially received more respect, then were treated poorly as populations grew.
- Economic conditions affected slaves' status and their opportunities within society.
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Description
Test your knowledge on the classifications of people under the Law of Persons and the historical context of slavery. This quiz covers key concepts, including the status of free men and slaves, the implications of birth status, and the evolution of slavery in society. Engage with important legal principles and understand their impact on personal freedoms.
