Roman Law Institutions Flashcards

Comprehensive vocabulary flashcards covering the history, sources, procedural systems, family structures, property law, and obligations of Roman Law as detailed in the lecture transcript.

Roman Law (Diritto Romano)

A social phenomenon composed of principles and rules deriving from the need to discipline — by preventing or resolving — potential conflicts between members to ensure a peaceful and orderly coexistence.

Diritto Oggettivo (Norma Agendi)

An organic complex of rules of conduct or a legal system identifying with the social organization itself.

Diritto Soggettivo (Facultas Agendi)

A claim of a subject recognized and protected by the objective law, corresponding to the duty of another subject to satisfy it.

Potestà

Certain powers that a subject is granted to exercise over others independently of their will and the consequences.

Facoltà

Recognized and guaranteed possibilities granted to the holder of a subjective right.

Obbligo

The duty to do or not do something in relation to the subjective right of another.

Soggezione

A situation in which someone has the duty to necessarily undergo the power (potestà) of another, even against their own will.

Onere

The sacrifice that objective law imposes on a subject so that they may achieve a useful result or avoid a prejudice.

Timeline of Roman Law

Spans over $1300$ years, from the origins of the city in the $VIII$ century BC ($754$ BC) to the death of Emperor Justinian in $565$ AD.

IUS

A Latin term corresponding to law, but also used to mean power (potestà), the place of judgment before a magistrate, or a subjective legal situation indicating both right and duty.

Diritto Privato (Private Law)

The law regulating relationships between individuals as such.

Diritto Pubblico (Public Law)

The law regulating the organization and functioning of the community, prioritizing public interests.

Età Arcaica (Archaic Age)

From the origins of the city to about the middle of the $III$ century BC; characterized as a formalistic law adequate for a rural society and exclusive to Roman citizens.

Mores

The legal customs of the ancestors (maiores), which formed the foundation of the law in the Archaic Age.

Leges Publicae

Normative measures deriving their effectiveness from being linked to the popular will, which could derogate or integrate the mores.

Twelve Tables (Dodici Tavole)

The most famous law, pronounced before the people; the first $10$ tables were issued by the decemviri and the last $2$ by the consuls Valerio and Orazio.

Leges Rogatae

Laws proposed by a magistrate to the assembled people for approval; once approved and sanctioned by the Senate, they were binding for both patricians and plebeians.

Pontefici

A priestly class that held the knowledge and interpretation of the law, serving as the first Roman jurists.

Ius Quiritium

The oldest nucleus of Roman law, recognizing legal positions of power over persons or things (living or inanimate), later known as dominium.

Ius Civile

The law applicable exclusively to Roman citizens, encompassing mores, leges, and the interpretatio of the pontiffs.

Età Preclassica (Pre-classical Age)

From the middle of the $III$ century BC to the end of the Republic; characterized by territorial expansion, intensification of trade, and the rise of good faith (buona fede).

Interpretatio Prudentium

The interpretation of law experts and jurists whose opinions became sources of Ius Civile and who used technical vocabulary.

Ius Gentium

The 'law of nations' recognizing legal relations and good-faith transactions accessible to both citizens and foreigners (peregrini).

Ius Onorario

The law resulting from the creative activity of jurisdictional organs such as praetors, aediles, and provincial governors.

Età Classica (Classical Age)

Begins with the Principate of Augustus; characterized by the expansion of private law and new sources like senatoconsulti and imperial constitutions.

Edictum Perpetuo

The definitive version of the praetorian edict established around $130$ AD, which ended the praetor's creative role in law formation.

Corpus Iuris Civilis

A compilation of classical jurisprudence and imperial constitutions created by Justinian in the $VI$ century.

Institutiones (Justinian)

Published in $533$ in $4$ books; a didactic work written as a direct address from the Emperor to law students.

Digesto (Pandette)

Published in $533$ in $50$ books; an anthology collecting excerpts from the works of classical jurists, organized by subject.

Codex (Justinian)

Published in $534$ in $12$ books; contains imperial constitutions arranged in chronological order.

Novellae

Constitutions enacted by Justinian after the publication of the Codex and until his death.

Processo Privato

A complex of activities aimed at the ascertainment and realization of subjective rights, initiated by a private subject with the intervention of a public judicial organ.

Legis Actiones

The earliest procedural system ($VIII$ century BC to $17$ BC), accessible only to citizens and characterized by rigid oral formalism.

In Iure

The preliminary stage of a trial before a magistrate (praetor or consul) to fix the terms of the controversy.

Litis Contestatio

The act of calling witnesses to attest to the conclusion of the 'in iure' phase; it had a preclusive effect summarized by the principle 'ne bis in idem'.

Apud Iudicem

The second stage of a trial before a private judge or arbitrator where evidence is evaluated and a sentence is pronounced.

Legis Actio Sacramenti In Rem

A general action for the ascertainment of absolute rights (real rights) where both parties claim the object belongs to them.

Manus Iniectio

An executive procedure allowing a creditor to use force to seize a debtor who has failed to pay a judgment (iudicatum) or confession after $30$ days.

Processo Formulare

A more dynamic, written procedural system created by the praetor to handle disputes between Romans and foreigners (peregrini).

Formula

A written document created by the cooperation of the actor, defendant, and praetor to guide the judge's decision in a specific case.

Intentio

The part of the formula expressing the plaintiff's claim, which could be 'certa' (specific amount) or 'incerta' (vague).

Condemnatio

The part of the formula granting the judge the power to condemn or absolve the defendant.

Exceptio

A condition included in the formula in favor of the defendant that prevents condemnation even if the plaintiff's claim is factually true (e.g., dolo).

Actiones Reipersecutoriae

Actions aimed at restoring the plaintiff's patrimony or seeking compensation for damages.

Actiones Penali

Actions aiming to obtain a penalty for a wrong (delict), often resulting in a condemnation for a multiple of the damage caused.

Nossalità (Noxae Deditio)

The practice where a head of household could avoid liability for a delict committed by a slave or son by handing the offender over to the victim.

Capacità Giuridica

The capacity to be a holder of rights and duties; in Rome, this required being free, a citizen, and 'sui iuris'.

Capacità di Agire

The possibility of performing valid legal acts; women and slaves often had this limited or were considered incapable.

Sui Iuris

An individual not subject to the power of another, such as a Pater Familias.

Alieni Iuris

A person subject to the authority of a head of household (Pater Familias or Dominus).

Manumissio

A unilateral act by which a master frees a slave; formal types include 'per vindictam', 'per censum', and 'per testamentum'.

Postliminium

The principle that a Roman citizen captured by a move-enemy regained their freedom and citizenship upon returning to Roman territory.

Fictio Legis Corneliae

A legal fiction considering a citizen who died in captivity to have died at the last moment of their freedom to preserve their will and heirs' status.

Agnazione (Agnatio)

Legal kinship based on male descent (patrilineality), regardless of blood relationship.

Cognazione (Cognatio)

Kinship based on blood ties, both male and female, which gained legal relevance over time through the praetor.

Patria Potestas

The absolute power of the Pater Familias over his children, including the power of life and death (ius vitae necisque).

Emancipatio

The process by which a father voluntarily frees a son from his authority, traditionally involving a triple sale.

Affectio Maritalis

The continuous intent of two people to live together as husband and wife, which was the essential element of a Roman marriage.

Matrimony Cum Manu

A marriage type where the wife falls under the legal power (manus) of the husband or his father, breaking agnatic ties with her original family.

Tutela

A power or administrative duty over 'impuberes' (males under $14$, females under $12$) or women who are sui iuris but lack full capacity to act.

Cura

An institutional management for those incapable of managing their affairs, such as 'furiosi' (the insane), 'prodighi' (spendthrifts), or those under $25$ years.

Res Mancipi

Items of high social and economic importance: Italian lands, slaves, beasts of burden (horses, oxen, mules, donkeys), and rustic servitudes.

Mancipatio

A formal and solemn transfer of property for 'res mancipi' requiring $5$ witnesses and a 'libripens' with a scale.

Traditio

The simple delivery of a 'res nec mancipi' that transfers ownership if there is a 'iusta causa' (just cause).

Usucapione

Acquisition of ownership through continuous possession: $1$ year for movables and $2$ years for immovables.

Usufrutto

A real right to use and enjoy another's property and its fruits while keeping the substance intact (salva rerum substantia).

Servitù Prediali

A burden imposed on a 'servient' plot of land for the utility of a 'dominant' plot belonging to a different owner.

Pegno (Pledge)

A real right of guarantee involving the physical transfer of an object to the creditor to secure a debt.

Obbligazione (Obligation)

A legal bond by which we are bound by the necessity of performing a service according to the laws of our city.

Mutuo

A real, unilateral, and free contract where a lender gives fungible goods (money) to a borrower who must return the equivalent.

Stipulatio

A verbal, unilateral, and abstract contract formed by a question and a congruent answer (spondes? spondeo).

Compravendita (Sale)

A consensual, bilateral contract where the seller promises 'habere licere' (peaceful enjoyment) and the buyer promises 'pretiom' (price).

Locatio-Conductio (Lease/Hire)

A consensual contract where one party (locator) places a thing, labor, or a task at the disposal of another (conductor) for a fee (mercede).

Mandato

A consensual, free contract where a 'mandante' tasks a 'mandatario' to perform a service for the remander's benefit or a third party.

Lex Aquilia

The law regulating compensation for damage to property (damnum iniuria datum), such as killing or wounding slaves and cattle.

Iniuria

A delict originally involving physical assault, later expanded to include insults and injuries to the honor and reputation of a person.