El Matrimonio en el Derecho Romano

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30 Jul 202412:27

Summary

TLDRThis 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.

Outlines

00:00

🏛 Introduction to Roman Marriage Law

This paragraph introduces the topic of Roman marriage law, emphasizing its foundational role in family law and its connection to patria potestad and kinship. The marriage is defined as a union between two different sexes with the intention of creating an absolute community of life. The distinctive feature of Roman marriage is that it is a de facto situation, not requiring any legal act or special formalities. Instead, it is based on an objective element (cohabitation) and a subjective element (marital affection). The paragraph also outlines the requirements for marriage, such as legal capacity (only Roman citizens had the right to marry), physical capacity (age requirements starting from puberty), and consent (explicit for men, implicit for women). It concludes by discussing absolute impediments to marriage, such as existing marriages (bigamy was prohibited) and the inability to procreate (castrated or sterilized individuals could not marry).

05:00

🚫 Impediments and Types of Roman Marriage

This section delves into the relative impediments to marriage, which prevent certain individuals from marrying specific people. These include direct lineage relationships, collateral relationships up to the fourth degree, and relationships by affinity. It also mentions the prohibition of marriage between tutors and their pupils until the tutor's accounts are settled, and between governors and women from the places they govern. The paragraph then describes the types of Roman marriages: 'cum manu', where the husband has power akin to the pater's patria potestad, and 'sine manu', where the husband does not have power over the wife. The latter allowed women to maintain their original family ties. The paragraph explains how to identify the type of marriage through various signs, such as special celebrations or the cohabitation period. It also touches on pre-marital institutions like sponsalia (betrothal) and dos (the bride's dowry), explaining their significance and the consequences of breaking the betrothal.

10:01

💔 Dissolution of Roman Marriage

The final paragraph discusses the ways in which a Roman marriage could be dissolved. It begins by stating that marriage ends with the death of one of the spouses, including civil death, such as when a spouse falls into slavery. It also mentions 'caput diminutio', where a spouse loses their citizenship, thereby losing the right to marry. The paragraph then explains that marriage could be dissolved through divorce, which could be mutual or unilateral, and either without cause or with just cause, such as an attack on the other's life or adultery. The consequences of divorce, including financial damages and religious sanctions like forcing an adulterous spouse into a convent, are also highlighted. The paragraph concludes by inviting feedback and emphasizing the voluntary financial support of students as the channel's main source of funding.

Mindmap

Keywords

💡Matrimonio

Matrimonio refers to the institution of marriage, which is central to the video's discussion on Roman law. It is defined as a union between two individuals of different sexes with the intent to establish a lifelong community. The video explains that in Roman law, marriage was a de facto situation not requiring any legal act, highlighting the historical and cultural significance of marriage in Roman society.

💡Patria potestad

Patria potestad, or paternal power, is a key concept in Roman family law that denotes the authority a father held over his family. The video emphasizes that marriage was one of the foundational elements of this power structure, as it directly related to the continuation of the family lineage and the exercise of authority within the household.

💡Cohabitación

Cohabitation is mentioned as the objective element of marriage in Roman law, signifying the continuous and shared living arrangement between a man and a woman. This element is essential for establishing a marriage, as it demonstrates the physical aspect of the union, which is a prerequisite for the procreation aspect of marriage.

💡Affecto maritalis

Affecto maritalis refers to the special treatment, particularly from the husband to the wife, which is indicative of a marital relationship. The video describes it as a subjective element that must be demonstrated, alongside cohabitation, to constitute a marriage under Roman law. It reflects the emotional and social aspects expected within a marital union.

💡Capacidad jurídica

Legal capacity, or 'capacidad jurídica', is a prerequisite for entering into a marriage as discussed in the video. It was limited to Roman citizens who had the 'ius connubii', the right to marry. This term illustrates the societal and legal restrictions on who could legally form a marital bond, emphasizing the exclusivity of marriage rights in Roman society.

💡Capacidad física

Physical capacity is another requirement for marriage mentioned in the script, which is tied to the ability to procreate. The video specifies certain ages—12 for women and 14 for men—beyond which individuals could marry, underlining the biological aspect of marriage and its purpose within Roman culture.

💡Consentimiento

Consentimiento, or consent, is a crucial aspect of marriage in Roman law, requiring not only the agreement of the marrying parties but also, in some cases, the consent of their fathers. The video explains the nuanced requirements for consent, such as express consent from the father for a man and tacit consent for a woman, reflecting the patriarchal structure of Roman society.

💡Impedimentos

Impedimentos, or impediments, are barriers that prevent certain individuals from entering into marriage. The video outlines absolute impediments, like existing marriages or sterility, and relative impediments, such as certain familial relationships, which prohibit marriage to maintain social order and adhere to the procreative purpose of marriage.

💡Matrimonio cum manu

Matrimonio cum manu is a type of marriage where the husband gains authority over his wife, similar to the 'patria potestad'. The video uses this term to illustrate the transfer of power from the wife's father to her husband, exemplifying the legal and social control exerted within the marital relationship in Roman law.

💡Matrimonio sine manu

Matrimonio sine manu is contrasted with 'cum manu' marriages, where the husband does not hold authority over the wife. The video explains that women with a 'pater' or those not integrating into their husband's family could enter this type of marriage, allowing them to maintain ties with their natal family. This concept highlights the flexibility within Roman marriage laws.

💡Esponsales

Esponsales refers to the pre-marital agreement or betrothal between future spouses or their parents. The video describes it as a moral commitment rather than a legally enforceable contract, indicating the importance of social and familial agreements in the formation of marriages in Roman society.

💡Dotes

Dotes were financial provisions made for a woman upon her marriage, as she was expected not to engage in commerce. The video explains that the dote, typically provided by the woman's father or family, was meant to support her during the marriage, reflecting the economic transactions inherent in Roman marital practices.

💡Disolución del matrimonio

Disolución del matrimonio, or dissolution of marriage, is discussed in terms of death, loss of citizenship, and divorce. The video outlines the conditions under which a marriage would end, including mutual agreement or unilateral decisions, and the consequences such as financial reparations or religious penalties for actions like adultery.

Highlights

Marriage in Roman law was a fundamental element of family law and the main source of paternal authority and kinship.

Marriage in ancient Rome was defined as a union of two persons of different sexes with the common intention to form an absolute community of life.

Marriage in Roman law did not require any legal act; it was a matter of fact, based on objective and subjective elements.

Objective element of marriage referred to the continuous cohabitation of a man and a woman.

Subjective element of marriage was the 'affecto maritalis', a special treatment given by the man to the woman, especially in public.

Marriage required legal capacity, which was limited to Roman citizens who had the 'ius connubii'.

Physical capacity was also required, with marriage not allowed before the age of puberty, set at 12 for women and 14 for men.

Consent was a crucial requirement for marriage, including both the consent of the parties and the consent of the 'pater' for the woman.

There were absolute impediments to marriage, such as an existing marriage (bigamy was prohibited) and castration or sterilization.

Relative impediments existed, preventing marriage with certain relatives, like direct lineage or within four degrees of collateral kinship.

Marriage types included 'cum manu', where the husband had power over the wife similar to 'patria potestas', and 'sine manu', where he did not.

Marriage types could be identified through special celebrations like 'confarreatio' or 'coemptio', or by cohabitation for more than a year without acquiring 'potestas'.

Before marriage, 'sponsalia' or betrothal was a moral agreement between future spouses or their parents to marry, not legally enforceable.

Dots or dowries were given to the husband at marriage to provide for the wife's maintenance, usually paid by the wife's father or family.

Marriage could be dissolved by the death of a spouse, loss of citizenship, or divorce, which could be by mutual agreement or unilateral.

Divorce with just cause, such as attempted murder or adultery, could result in financial consequences, damages, and even religious sanctions.

The lecture concludes by emphasizing the importance of student support through voluntary contributions for the continuation of the educational content.