The Capability to sue or be a Defendant in the Context of Matrimony with filii familias: An Analysis of D. 15.1.38.1 and D. 24.3.22.3
In Roman law, it was not uncommon for a filius or a filia familias to get married. The capability of a filius or a filia familias to sue or be a defendant was restricted. During an intact marriage, such a restriction was often insignificant. However, in the case of a divorce, the recipient of the d...
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STS Science Centre Ltd.
2023-11-01
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| Series: | Journal on European History of Law |
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| Online Access: | https://www.journaloneuropeanhistoryoflaw.eu/index.php/JEHL/article/view/191 |
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| author | Michael Binder |
| author_facet | Michael Binder |
| author_sort | Michael Binder |
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In Roman law, it was not uncommon for a filius or a filia familias to get married. The capability of a filius or a filia familias to sue or be a defendant was restricted. During an intact marriage, such a restriction was often insignificant. However, in the case of a divorce, the recipient of the dowry (dos) was sometimes questionable. To settle conflict about the dos, it was important to know who could claim part or all of the dos and who was obligated to return part or all of it. Such a question was raised in D. 15.1.38.1 and in D. 24.3.22.3 where a filius/filia familias first married and later divorced. In this article, D. 15.1.38.1 and D. 24.3.22.3 are exegetically analysed.
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| format | Article |
| id | doaj-art-93b840e2cb014938aa9ab9c9f66af5d0 |
| institution | DOAJ |
| issn | 2042-6402 3049-9089 |
| language | deu |
| publishDate | 2023-11-01 |
| publisher | STS Science Centre Ltd. |
| record_format | Article |
| series | Journal on European History of Law |
| spelling | doaj-art-93b840e2cb014938aa9ab9c9f66af5d02025-08-20T02:40:32ZdeuSTS Science Centre Ltd.Journal on European History of Law2042-64023049-90892023-11-01142The Capability to sue or be a Defendant in the Context of Matrimony with filii familias: An Analysis of D. 15.1.38.1 and D. 24.3.22.3Michael Binder0Department of Roman Law and Antique Legal History, Faculty of Law, University of Vienna, Vienna, Austria In Roman law, it was not uncommon for a filius or a filia familias to get married. The capability of a filius or a filia familias to sue or be a defendant was restricted. During an intact marriage, such a restriction was often insignificant. However, in the case of a divorce, the recipient of the dowry (dos) was sometimes questionable. To settle conflict about the dos, it was important to know who could claim part or all of the dos and who was obligated to return part or all of it. Such a question was raised in D. 15.1.38.1 and in D. 24.3.22.3 where a filius/filia familias first married and later divorced. In this article, D. 15.1.38.1 and D. 24.3.22.3 are exegetically analysed. https://www.journaloneuropeanhistoryoflaw.eu/index.php/JEHL/article/view/191Roman lawfilii familiasdowryactio rei uxoriaedolo facitqui petit quod redditurus est |
| spellingShingle | Michael Binder The Capability to sue or be a Defendant in the Context of Matrimony with filii familias: An Analysis of D. 15.1.38.1 and D. 24.3.22.3 Journal on European History of Law Roman law filii familias dowry actio rei uxoriae dolo facit qui petit quod redditurus est |
| title | The Capability to sue or be a Defendant in the Context of Matrimony with filii familias: An Analysis of D. 15.1.38.1 and D. 24.3.22.3 |
| title_full | The Capability to sue or be a Defendant in the Context of Matrimony with filii familias: An Analysis of D. 15.1.38.1 and D. 24.3.22.3 |
| title_fullStr | The Capability to sue or be a Defendant in the Context of Matrimony with filii familias: An Analysis of D. 15.1.38.1 and D. 24.3.22.3 |
| title_full_unstemmed | The Capability to sue or be a Defendant in the Context of Matrimony with filii familias: An Analysis of D. 15.1.38.1 and D. 24.3.22.3 |
| title_short | The Capability to sue or be a Defendant in the Context of Matrimony with filii familias: An Analysis of D. 15.1.38.1 and D. 24.3.22.3 |
| title_sort | capability to sue or be a defendant in the context of matrimony with filii familias an analysis of d 15 1 38 1 and d 24 3 22 3 |
| topic | Roman law filii familias dowry actio rei uxoriae dolo facit qui petit quod redditurus est |
| url | https://www.journaloneuropeanhistoryoflaw.eu/index.php/JEHL/article/view/191 |
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