El Matrimonio en el Derecho Romano

Summary

This video lecture explores Roman law's perspective on marriage, emphasizing its foundational role in family law and the establishment of paternal authority. It defines marriage as a union between two different sexes with the intent to form an absolute community of life. The lecture outlines the requirements for marriage, including legal capacity, physical ability, and consent. It also discusses absolute and relative impediments to marriage, types of marriage such as 'cum manu' and 'sine manu', and pre-marital institutions like sponsalia and dowry. The lecture concludes with the dissolution of marriage through death, loss of citizenship, or divorce, which may have financial and religious consequences.

Takeaways

• 🏛️ Marriage in Roman law was a foundational element of family law and the main source of paternal authority and kinship.
• 🤝 Marriage was defined as a union between two people of different sexes with the common intention to form an absolute community of life.
• 📜 There was no legal act required to formalize a marriage in Roman law; it was a matter of fact based on objective and subjective elements.
• 👫 The objective element required cohabitation in a continuous relationship, while the subjective element was the marital affection shown by the man towards the woman.
• 📝 Legal capacity was required to marry, and only Roman citizens had the right to marry (ius connubii), excluding non-citizens.
• 🔢 Physical capacity required a certain age for marriage, set at 12 years for women and 14 years for men.
• ✅ Consent was necessary for marriage, including both the consent of the contracting parties and the consent of their fathers, with different requirements for men and women.
• 🚫 Absolute impediments to marriage included having an existing marriage (bigamy was prohibited) and being castrated or sterilized due to the procreative purpose of marriage.
• ⛔ Relative impediments prevented marriage with certain individuals, such as direct blood relatives, collateral relatives up to the fourth degree, and certain relationships by affinity.
• 🎎 Types of marriage included 'cum manu', where the husband had power over the wife, similar to the pater's power, and 'sine manu', where the husband had no power over the wife.
• 💍 Before marriage, 'sponsalia' or betrothal was a moral agreement between future spouses or their parents, and 'dotes' or dowry was a sum of money provided for the wife's maintenance during marriage.

Q & A

What is the definition of marriage in Roman law?

Marriage in Roman law is defined as the union of two people of different sexes, with the intention of forming a complete life community. It is not a legal act but a factual situation, based on two key elements: cohabitation (objective) and marital affection (subjective).

What are the essential elements of a Roman marriage?

The two essential elements are the objective element, which refers to the cohabitation of the man and woman in a continuous relationship, and the subjective element, which is the 'affectio maritalis,' a mutual intention to be married.

What were the requirements for getting married in Roman law?

The requirements included legal capacity (restricted to Roman citizens with the 'ius conubii' or right to marry), physical capacity (a minimum age of 12 for girls and 14 for boys), and consent from both the parties involved and their respective 'paters.'

What is the 'ius conubii' in Roman law?

'Ius conubii' was the legal right of Roman citizens to contract marriage. Non-citizens did not have this right and could not marry under Roman law.

What were the absolute impediments to marriage in Roman law?

Absolute impediments included an existing marriage (bigamy was prohibited), castration or sterilization, and certain close familial relationships, such as between a father and daughter, or brother and sister.

What were the relative impediments to marriage?

Relative impediments included marriage between individuals related by blood or affinity up to a certain degree, such as between brothers and sisters, or between a man and his mother-in-law.

What was the distinction between 'cum manu' and 'sine manu' marriages?

'Cum manu' marriages gave the husband power over the wife similar to the authority held by the wife's father. In 'sine manu' marriages, the wife remained under the control of her original family and retained her connection with them.

What was the role of 'esponsales' in Roman marriage?

'Esponsales' were a form of engagement, a moral convention between future spouses or their families, where they committed to marry. Although it wasn't legally enforceable, it often involved the exchange of tokens ('arras'), with penalties for breaking the engagement.

What was the significance of the dowry in Roman marriages?

The dowry was essential for the woman’s maintenance during marriage, as she was not expected to engage in commercial activities. It was typically provided by her father or a family member, or even a third party, and could be given at the time of the marriage.

How could a marriage be dissolved in Roman law?

A marriage could be dissolved through the death of a spouse (including 'civil death,' such as enslavement), loss of Roman citizenship, or divorce. Divorce could be by mutual consent or unilaterally, and could carry monetary consequences if it involved just cause, like adultery.