Някои римскоправни понятия, полезни в XXI век: procreatio и защитата на mulier gravida
Some Roman-Law Concepts Useful in the XXIst Century: On Procreatio and the Defence of Mulier Gravida

Summary/Abstract: Pregnancy has been particularly considered in the Roman legal system (ars boni et aequi), asevidenced by provisions adopted by Roman jurists who attribute an extraordinary importance to woman in her“procreative function”.⃰ In the oldest age procreatio “indicated” the essence of marriage (Di Marzo): according to ius naturale, inD. 1,1,1,3 the coniunctio maris atque feminae is connected to the procreation and the upbringing of the offspring. In this view, the idea of a biological equity between mas and femina emerges from the point of view of procreatio which in some respects is legal equity as well, and is based on nature and recognized by the system. In ancient Rome, the central role given to the procreatio and to the defense of pregnant woman comes from the need to ensure the continuity of family through ancestry and therefore guaranteeing the growth ofcivitas (civitas augescens, civitas amplianda according to different expressions of the jurist Pomponio and that of emperor Justinian: D. 1,2,2,7; C. 7,15,2).The recovery of the principles of our oldest legal tradition is now essential on the basis of the scarce protection afforded by current legal systems to pregnancy which is considered mainly from the point of view of aggression, rather than defence, in the light of the principles. Hence the need to find those ancient awareness clearly understood by jurists and Roman emperors who without any kind of technology were able to give solutions to the biggest problems of human life.

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