Features of personal non-property and property relations of parents and children in ancient Rome

Abstract

Roman law is one of the foundations of modern law. However, today the issue of personal non-property and property relations between parents and children of ancient Rome remains poorly understood. This determines the relevance of the research. The aim of the article is to study the non-property and property relations between parents and children of ancient Rome. The methodological basis of the research was the dialectical method of scientific knowledge, general scientific (formal-logical, methods of analysis and synthesis, method of observation and comparative method) and special-legal method (formal-legal). The article analyses a number of scientific works of Ukrainian and foreign scholars on non-property and property relations between parents and children of ancient Rome. It was found that the status of children as participants in property and non-property relations between children and parents in ancient Rome was directly dependent on the status of parents. In particular, it was illustrated that the status of children born in concubinage and children born in marriage was different. It is substantiated that the mother and father had somewhat different rights in the context of caring for and raising children together. It was established that in the families of that time the power of its head was introduced not only over the children born in the family, but also over the persons whose will was included in the family as its free members by the will of the householder. At the same time, under the paternal authority was not only the property of children, but also their lives. At the same time, it was found that the content of personal non-property and property relations of parents and children in ancient Rome changed for the most part during the period of Roman private law, which under the influence of different circumstances and during the reign of different rulers. The presented data can serve as a guide for Ukrainian and foreign scholars in the process of further research in this field in Ukraine and around the world

Keywords

• roman family
• paternal authority
• roman law
• property law
• non-property law