Introductory
The Roman law of persons is defined as the body of rules concerned with the legal position of the human person (persona) comprising their rights, capacities and duties.
It pertained to the various aspects of a person's status (status or condicio) as an individual, as a member of the community and as a member of a family— hence it includes the law of marriage and family relations. Although the concept of persona underwent a long process of evolution, it has meant simply ‘human being' (homo) since the classical period. Hence even slaves (servi) were considered persons, despite the fact that in modern legal doctrine a slave was a legal object of rights and duties whereas a free person was a legal subject or a holder of rights and duties. Although Roman law also recognized non-human subjects of rights and duties, such as private corporations and public enterprises (labelled in contemporary law as ‘juristic persons'), these entities were not considered persons for the reason that in the eyes of the law only the natural person was a persona.A persona came into being at birth and terminated on death. A free-born person acquired legal capacity at the moment of birth. However, under certain circumstances, the unborn child (conceptus) was fictitiously regarded as already born. This legal fiction (known as the nasciturus fiction) was usually invoked where it would have been advantageous for the unborn child to be born at a particular stage or time. However, the relevant rights could not be exercised before the birth of the child and could only be exercised if the child was born alive.
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