Legal capacity in roman law

status libertatis, civitatis and familiae

Abstract

Although Law is considered a science in constant evolution, which needs to adapt to changes in society in which it is inserted, it is important not forget to mention the contribution of the Ius Romanum, especially in the Justiniane period, to the modern conceptualization of the Institute of Legal Capacity. Furthermore, it is imperative to hightlight the importance of the aforementioned Ius Romanum to provide the necessary legal substrates to distinguish the Legal Capacity and the Capacity to exercise rights, terminologies dating from de 19th century. Thus, for a better understanding of the aforementioned institute today, this article analyzis in detail, the three main requirements in Roman Law, responsible for the full acquisition of the Legal Capacity, namely: Status Libertatis, that is, to be free; Status Civitatis, that is, being a roman citizen and Status Familiae, in other words, being the head of the family (paterfamilias), not subject to any other family power. Thus, it can be inteferred that the legal status that a certain person occupies in a social environment influences his legal Capacity, which can cause its increase or decrease. As an ilustration, we have the figure of the paterfamilias and the filiusfamilias, the last one is considered persona alieni iuris, while the first has a full legal Capacity.