Roman Law: Legal Status and Formulary Procedure
Classified in Philosophy and ethics
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Roman Law Case Study: Family Status
Case Scenario: Faul and Dercy's Children
Faul, a 28-year-old Roman citizen and sui iuris, marries Dercy, a Greek woman, through confarreatio. A year after their wedding, Dercy becomes pregnant. Faul dies, and eight months later, a boy and a girl are born.
Question: Determine the legal status of each child.
Analysis of Children's Legal Status
In Roman law, an individual's legal status was defined by three key components:
- Status Libertatis (Freedom Status): Whether a person was free or a slave.
- Status Civitatis (Citizenship Status): Whether a person was a Roman citizen, a Latin, or a foreigner (peregrinus).
- Status Familiae (Family Status): Whether a person was sui iuris (independent, not under anyone's power) or alieni