Capacitas iuridica and status familiae in Roman law
The question of legal capacity has not always had an equal treatment in all periods of the development of human society. In modern law, relying on the fundamental human rights and freedoms, it is considered that everyone acquires legal capacity at birth and that all people are equal at birth, regard...
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| Format: | Article |
| Language: | English |
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Faculty of Law, Niš
2018-01-01
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| Series: | Zbornik Radova Pravnog Fakulteta u Nišu |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2018/0350-85011878217I.pdf |
| Summary: | The question of legal capacity has not always had an equal treatment in all periods of the development of human society. In modern law, relying on the fundamental human rights and freedoms, it is considered that everyone acquires legal capacity at birth and that all people are equal at birth, regardless of their gender and race. However, the question of legal capacity had quite a different treatment in different societies in different historical periods. For instance, in the slave-holding society, a number of factors had an influence on defining one's legal capacity. Thus, in Roman slave-holding society, it was very important whether a person was born as a free citizen or a slave, and whether a person was born as a Roman citizen (cives), a Latin or a Peregrinus. In addition, it was important whether a person was given the status sui iuris or alieni iuris at birth. In Roman law, the issue of one's legal and contractual capacity largely depended on the person's social status, i.e whether he was legally recognized as a citizen, a freeman, or through his/her family status. In this paper, special attention will be paid to the issue of legal capacity of natural persons within the family status (status familiae). |
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| ISSN: | 0350-8501 2560-3116 |