MARRIAGE IN ANCIENT ROME – A LAW OR A RIGHT?
MARRIAGE IN ANCIENT ROME – A LAW OR A RIGHT?
Author(s): Iveta KachurovaSubject(s): Law, Constitution, Jurisprudence, History of Law, Roman law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: marriage; Lex Iulia dе maritandis ordinibus; Lex Iulia dе adulteriis coercendis; Lex Papia Poppaea; affectio maritalis; sacred; law; right; divorce; adultery.
Summary/Abstract: The present article has the objective to place the Roman marriage on the LEX-IUS axis. The unparalleled matrimonial legislation of Augustus (leges Iuliae) is an attempt to put marriage into a narrow framework. The inefficiency of the Julian laws proves that Roman marriage reaches beyond the law and approximates the realm of ius, a subjective right determined by marital affection. The institution of marriage is specific in that it is an overarching legal phenomenon (divini et humani iuris communicatio). Its perception as sacred persists after the Christianization of Rome and gives reason to reconsider the oversimplified contemporary view of marriage.
Journal: IUS ROMANUM
- Issue Year: 2025
- Issue No: 2
- Page Range: 770-788
- Page Count: 19
- Language: English
