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LIABILITY OF THE HEAD OF THE HOUSEHOLD FOR THE PRESERVATION OF THE FAMILIA

Publication at Faculty of Law |
2016

Abstract

The social status of a person in the Roman society depends on the membership in a certain Roman family. The most important role in the formation of a family belongs to the pater familias.

He has the power over the members of his family, and represents them towards the society, too. On the other hand, there is also a liability imposed on him.

This paper deals with a particular aspect of such liability, i.e. the liability for the preservation of the family. The pater familias has to gain a legitimate male progeny.

Further, he takes care of the private family cult, and of the inherited property, which should be passed over to the next generation. The gods, the whole Roman society as well as the members of the family themselves are the addressees of this father's liability.

The father (or certain third person) is provided with certain legal instruments helping him reach the expected result, such as adoption, prodigal custody, etc.