As you know, the Roman marriage is based, on coniunctio between a man and a woman, who are the protagonists of the consortium omnis vitae which relates to the divini et humani iuris communicatio. This formula has been handed down from Modestinus (D. 23.2.1 Mod. 1 Reg. 180) that offers the researcher the key to an indepth exploration. Through a complex historical path the religious matrix is substituted with the social. Therefore marriage is not only considered as a procreative tool and medium of the Roman values, those that Ulpian reports in matrimonium moribus legibusque nostris constat (D. 24.1.3.1 Ulp. ad Sab. 2761). The union of man and woman is to be understood as a projection of ius naturale, ius sacrum and ius civile even if the tie is far from being solid as we could have misunderstood from Modestinus quotation at a first reading.
Il matrimonio nel diritto romano classico
SANDIROCCO, LUIGI
2016-01-01
Abstract
As you know, the Roman marriage is based, on coniunctio between a man and a woman, who are the protagonists of the consortium omnis vitae which relates to the divini et humani iuris communicatio. This formula has been handed down from Modestinus (D. 23.2.1 Mod. 1 Reg. 180) that offers the researcher the key to an indepth exploration. Through a complex historical path the religious matrix is substituted with the social. Therefore marriage is not only considered as a procreative tool and medium of the Roman values, those that Ulpian reports in matrimonium moribus legibusque nostris constat (D. 24.1.3.1 Ulp. ad Sab. 2761). The union of man and woman is to be understood as a projection of ius naturale, ius sacrum and ius civile even if the tie is far from being solid as we could have misunderstood from Modestinus quotation at a first reading.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
