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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.
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.
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.
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.
Mancipation, the process of transferring ownership of a person or object, was a common method for acquiring slaves in Roman law.
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Roman law allowed slaves to establish legal relationships, such as marriage and parental power, as free individuals.
Roman law allowed slaves to establish legal relationships, such as marriage and parental power, as free individuals.
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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.
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.
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Roman law defined marriage as a legally binding union between a man and a woman, requiring the agreement of both individuals and their families.
Roman law defined marriage as a legally binding union between a man and a woman, requiring the agreement of both individuals and their families.
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A Roman man could marry his mother-in-law if his marriage to her daughter had ended.
A Roman man could marry his mother-in-law if his marriage to her daughter had ended.
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Forbidden relationships within the Roman family, such as between parents and children, could be nullified by a legal process called mancipio.
Forbidden relationships within the Roman family, such as between parents and children, could be nullified by a legal process called mancipio.
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Roman law permitted a man to marry his stepdaughter, based on the principle of affinity.
Roman law permitted a man to marry his stepdaughter, based on the principle of affinity.
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Manus marriage can be contracted through confarreation, coemption, or usu.
Manus marriage can be contracted through confarreation, coemption, or usu.
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Marriages in Ancient Rome could only be dissolved through mutual consent.
Marriages in Ancient Rome could only be dissolved through mutual consent.
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Concubinage in Roman society was recognized as a permanent and legal status.
Concubinage in Roman society was recognized as a permanent and legal status.
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If a husband was unaccounted for five years, his wife had the right to remarry.
If a husband was unaccounted for five years, his wife had the right to remarry.
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Under Justinian's laws, captivity had a clearly defined effect on marriages.
Under Justinian's laws, captivity had a clearly defined effect on marriages.
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A tutor can allow a ward to incur liability without the tutor's authority.
A tutor can allow a ward to incur liability without the tutor's authority.
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Under Justinian's time, a tutor had the option to decline their responsibilities.
Under Justinian's time, a tutor had the option to decline their responsibilities.
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The powers of a tutor were more restricted under the Empire due to legal reforms.
The powers of a tutor were more restricted under the Empire due to legal reforms.
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Guardians are permitted to act without any oversight in managing the ward's property.
Guardians are permitted to act without any oversight in managing the ward's property.
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A tutor is not required to make an inventory of a pupil's estate.
A tutor is not required to make an inventory of a pupil's estate.
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Any person other than the ward can seek the removal of a tutor for misconduct.
Any person other than the ward can seek the removal of a tutor for misconduct.
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The general remedy for a tutor's dereliction of duty is called actio tutelae.
The general remedy for a tutor's dereliction of duty is called actio tutelae.
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Precautionary measures are unnecessary for protecting wards against tutor misconduct.
Precautionary measures are unnecessary for protecting wards against tutor misconduct.
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Women in ancient law were allowed to manage their own property without any endorsement.
Women in ancient law were allowed to manage their own property without any endorsement.
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Curators administer property but do not control the personal affairs of individuals.
Curators administer property but do not control the personal affairs of individuals.
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The constitution of Honorius and Theodosius granted all women the jus liberorum regardless of their qualifications.
The constitution of Honorius and Theodosius granted all women the jus liberorum regardless of their qualifications.
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Minors under the age of 25 had no rights to plead in legal actions.
Minors under the age of 25 had no rights to plead in legal actions.
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Women could change their tutors arbitrarily without following any specific process.
Women could change their tutors arbitrarily without following any specific process.
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The term of full age for men was set at 30 years in the Empire.
The term of full age for men was set at 30 years in the Empire.
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Minors with permanent curators had no liabilities or rights similar to those of pupils.
Minors with permanent curators had no liabilities or rights similar to those of pupils.
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Women needed imperial favor to gain the jus liberorum legal status.
Women needed imperial favor to gain the jus liberorum legal status.
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Tutelage grants the right and power to protect an independent person who cannot defend themselves due to their young age.
Tutelage grants the right and power to protect an independent person who cannot defend themselves due to their young age.
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Parents are prohibited from appointing tutors by will for their children who have not yet reached puberty.
Parents are prohibited from appointing tutors by will for their children who have not yet reached puberty.
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Posthumous children are not required to be included in a will's appointment of tutors.
Posthumous children are not required to be included in a will's appointment of tutors.
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Agnates are individuals related through females.
Agnates are individuals related through females.
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A person appointed as a tutor must be over the age of 25 to serve in that capacity immediately.
A person appointed as a tutor must be over the age of 25 to serve in that capacity immediately.
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If no tutor is appointed by will, the Law of the Twelve Tables determines agnates as statutory tutors.
If no tutor is appointed by will, the Law of the Twelve Tables determines agnates as statutory tutors.
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Cognates are connected by a natural tie of relationship and can include female relatives.
Cognates are connected by a natural tie of relationship and can include female relatives.
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Fiduciary tutelage occurs when a parent is alive and has male children who become tutors for their siblings.
Fiduciary tutelage occurs when a parent is alive and has male children who become tutors for their siblings.
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Legitimated children always follow the mother's status at the time of birth.
Legitimated children always follow the mother's status at the time of birth.
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Adrogation allowed the adoption of a sui juris, leading to a change in blood relation and status.
Adrogation allowed the adoption of a sui juris, leading to a change in blood relation and status.
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Adrogation of minors was initially prohibited but was later allowed under strict conditions.
Adrogation of minors was initially prohibited but was later allowed under strict conditions.
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Adrogatus could be emancipated at any time without cause.
Adrogatus could be emancipated at any time without cause.
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Lex Minicia determined the status of children based solely on the father's citizenship.
Lex Minicia determined the status of children based solely on the father's citizenship.
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Legitimation by oblationem curiae was one of the methods of legitimation recognized in ancient Roman law.
Legitimation by oblationem curiae was one of the methods of legitimation recognized in ancient Roman law.
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Adoption involved two kinds: adrogatio for free men and adoptio for slaves.
Adoption involved two kinds: adrogatio for free men and adoptio for slaves.
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If the adrogator died before the adrogatus, the adrogatus would not receive any part of the adrogator's estate.
If the adrogator died before the adrogatus, the adrogatus would not receive any part of the adrogator's estate.
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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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Description
This quiz explores the classification of individuals as free or unfree, focusing on the distinctions between free men and slaves. It also discusses the legal implications of slavery, including the rights of slaves and the evolution of freedom over time.
