The Twelve Tables by Anonymous
page 24 of 34 (70%)
page 24 of 34 (70%)
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common belief, that because of the levity of their disposition
(_propter animi levitatem_) they often are deceived and therefore may be guided by a guardian, seems more plausible than true. According to Roman Law of this period a woman never has legal independence: if she be not under the power (_potestas_) of her father, she is dependent on the control (_manus_) of her husband or, unmarried and fatherless, she is subject to the governance (_tutela_) of her guardian. [18] Agnates (_agnati_) are relatives by blood or through adoption on male side only; cognates (_cognati_) are blood-relatives on either male or female side. The family of the _ius civile_ is the agnatic family; the family of the _ius gentium_ is the cognatic family. [19] Beside a guardian (_tutor_) for a child of certain age (sixth statute of this Table; cf. p. 7, n. 21) there is provided also a guardian (_custos_, later _curator_) for a lunatic and for a prodigal (seventh statute of this Table). [20] Clansmen (_gentiles_) are persons all belonging to the same clan (_gens_) as the deceased and of course include agnates, when these exist. [21] Boys between the ages of 7 and 15, girls between the ages of 7 and 13, women neither under paternal power (_patria potestas_) nor under marital control (_in manu mariti_). [22] Another version of this provision reads thus: "Debts bequeathed by inheritance shall be divided by automatic liability (_ipso iure_) |
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