Author(s): Mila Jovanović
Subject(s): Law, Constitution, Jurisprudence, History of Law
Published by: Правни факултет Универзитета у Нишу
Keywords: Lex Iulia et Papia; Leges Caducariae; Ius Liberorum; lus Trium Liberorum; Caduca; Capacitas; Orbi; Patres; Patres Solitari

Summary/Abstract: The subject of this article is a brief summary of the contents and the character of Roman ius liberorum; the right that was obtained through chil¬dren; that is; the right that encompassed many privileges for those who had legal (marriage) children. It was defined through two laws of Octavian Au¬gust; often referred to as lex lulia et Papia in the sources; and as Caducar Laws in the literature. The law had the purpose of rising the natality in the high circles of Roman society (all that in the marriages that were made ac¬cording to the law); in order to provide decent progenies who would conti¬nue successful life of the Empire. In general; the marriage and the offspring were expected from the citizens of Rome; which brought them several privi¬leges. Regarding that; the law defines four categories of people: caelibes (not married); orbi (married but without children); patres (married people with legal children) and patres solitarii (parents whose marriage exists no more). Ius liberorum was the privilege of patres only. Ius liberorum is often mentioned as ius trium liberorum (the right through three children); but the statement that men only needed one child while women needed three (to achieve ius liberorum) is not true. The right consists of numerous advantages; obtained thanks to legal (marriage) child¬ren. The main advantages are the following: ability of inheritance by testament (capacitas) among the spouses; as well as with the persons outside the circle of relatives; the advantage of patres in the ellections; liberation from tutorship for women; the right for patres (and matres) of inheritance of caduca (the goods that couldn't be inherited by the ones not obedient to the law; after which the law was named Caducar); later on; through CS Tertu lianum; the right of the woman to inherit her children; andfinally; advanta¬ges in inheritance of the properties of the liberated. Presented observations; although quite breef and general; indicate the great importance of this institute. Its importance lies not only in the sheer knowledge of the history of law; but even more in noticing of an attempt of stimulation the sollution of some very complex and important social problems (such as the problem of desired natality in the high ranks of Roman society) through the law.

  • Issue Year: XL/2000
  • Issue No: 40-41
  • Page Range: 64-80
  • Page Count: 17
  • Language: Serbian