Law of Persons and Slavery

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Questions and Answers

Under Roman law, a woman's tutor could be changed through a process called coemption, where she would be mancipated to another person and then manumitted.

True (A)

The institution of manus in Roman law was abolished by Emperor Justinian.

True (A)

Roman law prohibited marriage between a man and his brother's daughter, regardless of the degree of kinship.

False (B)

Mancipation, the process of transferring ownership of a person or object, was a common method for acquiring slaves in Roman law.

<p>True (A)</p> Signup and view all the answers

Roman law allowed slaves to establish legal relationships, such as marriage and parental power, as free individuals.

<p>False (B)</p> Signup and view all the answers

According to Roman law, the power of a father over his children, known as patria potestas, extended to the control of their property and even their lives.

<p>True (A)</p> Signup and view all the answers

Roman law defined marriage as a legally binding union between a man and a woman, requiring the agreement of both individuals and their families.

<p>False (B)</p> Signup and view all the answers

A Roman man could marry his mother-in-law if his marriage to her daughter had ended.

<p>False (B)</p> Signup and view all the answers

Forbidden relationships within the Roman family, such as between parents and children, could be nullified by a legal process called mancipio.

<p>False (B)</p> Signup and view all the answers

Roman law permitted a man to marry his stepdaughter, based on the principle of affinity.

<p>False (B)</p> Signup and view all the answers

Manus marriage can be contracted through confarreation, coemption, or usu.

<p>True (A)</p> Signup and view all the answers

Marriages in Ancient Rome could only be dissolved through mutual consent.

<p>False (B)</p> Signup and view all the answers

Concubinage in Roman society was recognized as a permanent and legal status.

<p>False (B)</p> Signup and view all the answers

If a husband was unaccounted for five years, his wife had the right to remarry.

<p>True (A)</p> Signup and view all the answers

Under Justinian's laws, captivity had a clearly defined effect on marriages.

<p>True (A)</p> Signup and view all the answers

A tutor can allow a ward to incur liability without the tutor's authority.

<p>False (B)</p> Signup and view all the answers

Under Justinian's time, a tutor had the option to decline their responsibilities.

<p>False (B)</p> Signup and view all the answers

The powers of a tutor were more restricted under the Empire due to legal reforms.

<p>True (A)</p> Signup and view all the answers

Guardians are permitted to act without any oversight in managing the ward's property.

<p>False (B)</p> Signup and view all the answers

A tutor is not required to make an inventory of a pupil's estate.

<p>False (B)</p> Signup and view all the answers

Any person other than the ward can seek the removal of a tutor for misconduct.

<p>True (A)</p> Signup and view all the answers

The general remedy for a tutor's dereliction of duty is called actio tutelae.

<p>True (A)</p> Signup and view all the answers

Precautionary measures are unnecessary for protecting wards against tutor misconduct.

<p>False (B)</p> Signup and view all the answers

Women in ancient law were allowed to manage their own property without any endorsement.

<p>False (B)</p> Signup and view all the answers

Curators administer property but do not control the personal affairs of individuals.

<p>True (A)</p> Signup and view all the answers

The constitution of Honorius and Theodosius granted all women the jus liberorum regardless of their qualifications.

<p>True (A)</p> Signup and view all the answers

Minors under the age of 25 had no rights to plead in legal actions.

<p>False (B)</p> Signup and view all the answers

Women could change their tutors arbitrarily without following any specific process.

<p>False (B)</p> Signup and view all the answers

The term of full age for men was set at 30 years in the Empire.

<p>False (B)</p> Signup and view all the answers

Minors with permanent curators had no liabilities or rights similar to those of pupils.

<p>False (B)</p> Signup and view all the answers

Women needed imperial favor to gain the jus liberorum legal status.

<p>True (A)</p> Signup and view all the answers

Tutelage grants the right and power to protect an independent person who cannot defend themselves due to their young age.

<p>True (A)</p> Signup and view all the answers

Parents are prohibited from appointing tutors by will for their children who have not yet reached puberty.

<p>False (B)</p> Signup and view all the answers

Posthumous children are not required to be included in a will's appointment of tutors.

<p>False (B)</p> Signup and view all the answers

Agnates are individuals related through females.

<p>False (B)</p> Signup and view all the answers

A person appointed as a tutor must be over the age of 25 to serve in that capacity immediately.

<p>False (B)</p> Signup and view all the answers

If no tutor is appointed by will, the Law of the Twelve Tables determines agnates as statutory tutors.

<p>True (A)</p> Signup and view all the answers

Cognates are connected by a natural tie of relationship and can include female relatives.

<p>True (A)</p> Signup and view all the answers

Fiduciary tutelage occurs when a parent is alive and has male children who become tutors for their siblings.

<p>False (B)</p> Signup and view all the answers

Legitimated children always follow the mother's status at the time of birth.

<p>False (B)</p> Signup and view all the answers

Adrogation allowed the adoption of a sui juris, leading to a change in blood relation and status.

<p>True (A)</p> Signup and view all the answers

Adrogation of minors was initially prohibited but was later allowed under strict conditions.

<p>True (A)</p> Signup and view all the answers

Adrogatus could be emancipated at any time without cause.

<p>False (B)</p> Signup and view all the answers

Lex Minicia determined the status of children based solely on the father's citizenship.

<p>False (B)</p> Signup and view all the answers

Legitimation by oblationem curiae was one of the methods of legitimation recognized in ancient Roman law.

<p>True (A)</p> Signup and view all the answers

Adoption involved two kinds: adrogatio for free men and adoptio for slaves.

<p>True (A)</p> Signup and view all the answers

If the adrogator died before the adrogatus, the adrogatus would not receive any part of the adrogator's estate.

<p>False (B)</p> Signup and view all the answers

Flashcards

Free marriage

A system of marriage without manus, existing as the only form in Rome.

Confarreation

A ceremonial form of marriage in Ancient Rome that established manus.

Manus marriage

A marriage where the wife comes under the legal authority of the husband.

Concubinage

A recognized relationship similar to marriage but lacking 'affectio maritalis'.

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Divorce in Ancient Rome

Initially rare but became more common in the late Republic, often mutual.

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Legitimation

The process by which a child born out of wedlock gains legal recognition, often through subsequent marriage.

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Oblationem Curiae

A method of legitimation in ancient Roman law, involving a formal court recognition.

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Imperial Rescript

A written order or decree from the emperor that could legitimize a child.

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Adrogation

The adoption of a free man, changing his status from sui juris to alieni juris under the adoptive father's power.

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Patria Potestas

The legal power a father has over his children, which can be transferred through adoption.

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Adoptio

A type of adoption involving someone who is not free (slave or alieni juris).

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Legal Consequences of Adrogation

Involves transfer of property and debts from adrogatus to adrogator, affecting family estate.

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Perpetual Tutelage

Legal rule requiring women to have guardians for property matters.

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Statutory Guardians

Individuals appointed to manage women's legal affairs.

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jus liberorum

Legal status for women related to having children.

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Curatorship

Legal concept succeeding tutelage, primarily managing property.

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Lex Platoria

Law establishing curatorship for minors.

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Age of Majority

Full legal adulthood at age 25 for men, 18 for women.

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Restitutio in integrum

Legal remedy allowing restoration to prior status.

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Cessicius Tutor

A tutor who can transfer their guardianship to another.

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Tutelage

A legal right and power over an independent person for protection due to age.

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Institution of Tutelage

The system of appointing guardians for those not able to defend themselves due to age.

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Appointment of Tutors by Will

Parents can designate guardians for their children through a will before puberty.

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Posthumous Children

Children conceived but not yet born must be included in tutor appointments in wills.

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Agnates

Relatives connected through males, such as brothers or male cousins.

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Cognates

Relatives connected by natural ties, including maternal lineage.

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Statutory Tutelage

Legal guardianship established when a parent emancipates a child under puberty age.

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Fiduciary Tutelage

Occurs when a deceased parent’s male children act as guardians for siblings.

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Tutor's Responsibilities

Tutors provide education, exercise authority, and manage the ward's property.

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Ward's Capacity

Wards cannot enter contracts or accept inheritances without tutor's authority.

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Tutor's Authority

Authority must be granted in person at the time of the act.

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Negotiorum Gestio

Actions by a tutor are in their own name, binding themselves, not the ward.

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Testamentary Tutors

Tutors chosen by a will could decline to act in early law.

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Protection Against Misconduct

Law allows anyone to remove a tutor for misconduct.

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Security for Administration

Tutors must provide security for faithful administration of the ward's property.

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Perpetua Tutela Mulierum

Long-term guardianship specifically for women.

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Capitis deminutio

Change of status, such as losing freedom or citizenship.

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Mancipium

Status resulting from the mancipation of a free person.

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Manumission

Process that frees a person from slavery, making them sui juris.

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Manus

Institution of subjugation, often linked to marriage.

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Prohibited Marriages

Marriage forbidden within certain degrees of relationship.

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Coemption

Procedure allowing women to change their tutor via mancipation.

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Natural and Civil Law

Laws that regulate intermarriage relationships.

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Rights of Slaves

Masters held extensive control over slaves, including life and death.

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Matrimonial Consent

Paternal consent required for children in power to marry.

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Study Notes

Law of Persons

  • Concerned with classifying individuals as free or unfree
  • Distinguished between free men and slaves (Suri juris/ alieni juris)

Slavery

  • Children born to slave mothers were considered slaves
  • Freedom at birth depended on the mother's status at conception
  • Statutory exceptions existed
  • Capture in warfare, unprotected by treaty, could lead to slavery
  • Enslavement occurred through various means
    • Fraudulent sales
    • Forbidden relationships with slaves
    • Condemnation to labor in mines
  • Emperors restricted severe treatment of slaves
    • Preventing expose slaves to extreme danger in arenas
    • Ordering disposition of fleeing slaves
  • Slaves with increased population led to increased labor in agriculture
  • Economic conditions drove decline of slavery
  • Slave labour replaced free labour
  • Slaves could purchase their freedom

Slavery and Freedom

  • Idea of personality implying rights and duties emerged over time
  • Slaves were subject to criminal law, liable for contracts
  • Justinian consolidated slave laws towards consistency
  • Roman free individuals are born free, or made free
  • Manumission allowed slaves to transition to freedom

Manumission and status of freedom

  • Methods of manumission varied, regular/formal vs irregular/informal
  • Formal methods included vindicta process, censu & testament/will
  • Informal included declaring freedom among friends, gifting freedom etc
  • Forms of manumission expanded to include slave heir, adoption, and tutor provisions
  • Status of freedmen distinct from free-born individuals, but equal
  • Excluded freedmen from high political positions

Civil law in Ancient Rome

  • Formal manumission required a master with ownership
  • Slaves had no legal standing
  • Slave could not own property
  • Slaves could not contract
  • Slaves could not marry
  • Imperial laws regulated treatment of slaves
  • Practice of holding inquiries of runaway slaves
  • Manumission offered escape from slavery -> declined over time
  • Increase in manumission over time
  • Laws limiting indiscriminate freeing of slaves

Laws of persons in RL

  • Roman citizenship increasingly extended by imperial rules
  • Freedom without discrimination was achieved.
  • Distinction in enslaved people became less strict under the Roman law
  • Different types of enslaved people were all treated more similarly in practice
  • Reducing complexities of law of slavery to simplicity

Slavery and Freedom

  • Slaves granted some rights from various emperors
  • Gradually slaves acquired more freedom
  • Increased freedom of slaves, led to decline of slavery itself

Roman Marriage Laws

  • Marriage by confarreation, coemption & usu were types of marriage in Rome
  • Marriage by mutual agreement became more common in late republic
  • Divorce practices were common, primarily controlled by man unless regulated by emperors
  • Christian Emperor's introduced regulated penalties against causeless divorces
  • Effect of captivity on marriage statuses was clarified by various emperors.

Modes and Consequences of Manumission

  • Manumission ended servitude – slaves becoming free persons
  • Different forms of Manumission emerged
  • Enslavement varied across various periods

Persons alieni juris

  • Minors or children were considered under the power of their parents or masters.

Roman Legislation

  • Imperial legislation influenced slave rights and status
  • Status of children was related to citizenship, race and status of their parents
  • Laws regarding the issue of emancipation

Paternal Power

  • Fathers held considerable power over their children
  • Extent of power varied across periods and conditions
  • Laws related to patria potestas became more limited in scope as law evolved
  • Children born to a slave were deemed to be part of their mother's former status as well.

Tutorship and guardianship

  • Legal institutions to care and supervise minors
  • Different types of tutelage, statutory & testamentary
  • Guardians were appointed to ensure well-being and management of minors, wealth, and property.
  • Duties of tutor included safeguarding a minor

Protection of Wards and Remedies

  • Law made measures against maladministration by tutors.
  • Legal measures and checks on guardians' conduct existed.

Administration of guardianship and ownership

  • Standards of care and honesty held by guardians and officials
  • Regulations against misconduct and fraud existed.

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