Status Familiae

The cornerstone of Roman society was the family (familia), a closely-knit unit corresponding very largely to the nuclear family of our own times.

The status familiae, one’s position in or out of a family unit, was the factor that determined the question of whether a person was independent (sui iuris) or subject to the control of another (alieni iuris). The alieni iuris persons were under the authority of the father of the family (paterfamilias), the oldest male member of the family, who was entitled as a person sui iuris to enjoy the maximum number of rights or capacities that a Roman citizen could possess. The paterfamilias was the pivot of the Roman family system, as his power and authority (patria potestas) over the members of his family was the tie that held the family together. Usually, the paterfamilias had authority over his wife (uxor), provided that she had been married to him by virtue of a cum manu marriage^{^[264]}; his children^{^[265]}; his grandchildren and further descendants from marriages of sons in his potestas; his legitimized and adopted children; as well as slaves or other individuals similarly dependent on him.^{^[266]} The term agnatio denoted the relationship between all persons under the potestas of the same pater, or persons who would have been under such potestas if their common paterfamilias had still been alive.^{^[267]} Regarding persons under the patria potestas, it should be noted that a blood relationship (cognatio) was irrelevant in early Roman law but gradually evolved as a factor of central importance in the time of Justinian (especially in the field of intestate succession).

Originally, the power of the paterfamilias over his dependants was theoretically almost unlimited.

He had the power of life and death (ius vitae necisque), that is, the power to kill his children, sell them into slavery or simply abandon them if he so wished. Furthermore, he could marry-off or forbid the marriage or divorce of a dependant as well as give them away for adoption or emancipate them. Finally, his dependants were financially completely dependant on him, since they could not own or acquire any property of their own. Everything a dependant acquired or already had in his possession was deemed the property of the paterfamilias. However, an exception to this rule emerged in respect of the male descendants of the paterfamilias—the filiifamilias.^{^[268]} Like competent slaves, the filiifamilias were allowed de facto enjoyment of a peculium, a term denoting an estate consisting of various forms of property that gradually became considered, for all practical purposes, the property of the filiifamilias.

size=2 color=black face="Times New Roman">The patriapotestas came to an end in a number of ways. The most common mode was the death of the paterfamilias or a change in his status following a capitis deminutio (e.g. loss of citizenship).^{^[269]} Moreover, when a daughter entered into marriage cum manu she immediately fell under her husband’s authority. The patriapotestas also terminated when the paterfamilias gave his child to another for adoption (in adoptione),^{^[270]} or when he released such child from his paternal power by means of the formal emancipatio process.^{^[271]}

As Roman society evolved over the course of time, the power of the paterfamilias over his dependants considerably decreased. The ius vitae necisque became obsolete and was abolished^{^[272]} together with the father’s power to sell his dependants into slavery.^{^[273]} At the same time, various duties were placed on the head of the family with regard to his dependants, such as the duty to provide maintenance and the duty to give his daughter a dowry (dos) when she entered into marriage.^{^[274]}

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Source: Mousourakis G.. Roman Law and the Origins of the Civil Law Tradition. Springer,2015. — 339 p.. 2015

Status Familiae

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