Roman Law: Family and the person Quiz

Answer: Yes, but only in the pre-classical period

As a matter of fact, the "pater familias" did have the power of life and death over those under his "potestas" throughout the archaic period and even during the classical period. As the years passed, the power of life and death was restricted only to corporal punishments, and even then, such punishments could only be enacted with a permission from the authorities and avoiding excessive violence.

Answer: All of them

The "capitis deminutio maxima" implied the total loss of rights for a given person. It was only applicable following a criminal sentence, or as a result of enslavement.

Answer: She became a "filiae loco"

After a "cum manus" marriage took place, the wife became a "filiae loco", assimilated in legal status to her own children (as a "daughter" of her husband). Her father lost his "potestas" over her.

Answer: "Confarreatio"

The "confarreatio" was an elaborate ceremony used by patricians to celebrate a religious marriage.

Answer: Only the consent of both parties

The only requisite needed to obtain a divorce from a "sine manus" union was mutual consent. The relative simplicity of the "sine manus" divorce is one the factors which contributed to its becoming the most popular legal union in later roman periods.

Answer: A marriage celebrated between a Roman citizen and a Peregrin

"Sine connubium" was the only mechanism for an international couple to become married under the Roman legal system. The problem was that as long as one of the parties lacked the "Ius connubium" such a union would not have civil efects.

Answer: No, one of the "de facto" requisites was difference in gender.

One of the "de facto" requisites to be married lay in the "capacitas ad naturam" which implied different sexes. One must take into account that for the Romans the purpose of marriage was plainly reproductive.

Answer: 12 years (F) and 14 years (M)

As a general rule, the person ceased to be an "impuber" at age 12 for the females and age 14 for the males. As an exception, people could be declared "puber" before they had reached the regular age limit, but such a declaration required thorough physical testing and a special legal procedure.

Answer: Adoption

By the process of the "adrogatio", one "pater familias" adopted another "pater" along with all of his "domus". The "adrogatio" was a formal celebration which took place before the "Comitia" and which had to be accompanied by "Pontifex's" approval.

Answer: His full legal status, with the exception of his marriage and the "corpus" requisite of the possesion

By the figure of the "ius postliminii" the Roman citizen which had been presumed killed or captured in battle, could return to Rome and regain his previous legal status alongside all of his properties. The exceptions were his marriage (given that the usus had been interrupted) and the possesions.