THE LEGAL REGULATION OF BUSINESS ACTIVITY OF FILIAE FAMILIAS IN THE PRINCIPATE PERIOD (ACTIO DE PECULIO)
THE LEGAL REGULATION OF BUSINESS ACTIVITY OF FILIAE FAMILIAS IN THE PRINCIPATE PERIOD (ACTIO DE PECULIO)
Author(s): Elżbieta EjankowskaSubject(s): History of Law, Civil Law, Family and social welfare
Published by: Wydawnictwo Uniwersytetu Rzeszowskiego
Keywords: actio de peculio; daugther under patria potestas; peculio property; actio rerum amotarum; principate; complaint; praetorian law;
Summary/Abstract: The application of actio de peculio due to filiae familias – in the principate period – is not an often discussed topic in literature. This claim was one of additional actions, the aim of which was 35 to include the family superiors and owners of slaves in the responsibility for contractual obligations. Not only in Gaius Institutions (G.4,69–4,77), but also in the formula of the claim of the reconstruction of the praetorian edict written by. O Lenel, no feminine persons are included. However, it arises from other sources that this action could have been applied due to business activity of daughters, which was performed on the basis of peculium. Actio de peculio – in reference to a married daughter being a subordinate of the father – also had another function; it was the equivalent of actio rerum amotarum.
Journal: Zeszyty Naukowe Uniwersytetu Rzeszowskiego - Seria Prawnicza
- Issue Year: 2019
- Issue No: 27
- Page Range: 50-61
- Page Count: 12
- Language: English