The institution of marriage (nuptiae) in Roman law presents itself as a complex and multifaceted phenomenon. It was not only a fundamental component of Roman private law but also a vehicle through which social, economic, and political alliances were forged. Roman marriage is particularly challenging to study due to its evolving legal framework across historical periods and the ritualistic forms that characterised its early stages. This paper seeks to analyze the Roman conception of marriage from both a legal and socio-historical perspective, tracing its development from the archaic period to the classical era, and concluding with a reflection on its juridical effects.
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Fonts:
D. 23.2.1 (Mod.)
D. 25.2.1
D. 35.1.15
Gai. 1.110-114
Dion. 2.25
Ulp. 5.2
Ulp. 5.6
Ulp. 16.1
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Marrone, Istituzioni di Diritto Romano, Palumbo 2006
William L. Burdick, The Principles of Roman Law and Their Relation to Modern Law (The Lawbook Exchange, Ltd 2004)
The Main Institutions of the Roman Private Law, WW Buckland, Cambridge 2023
J. R. Trahan, ‘The Distinction between Persons and Things: An Historical Perspective’ (2008)
Gardner, Jane F. Family and Familia in Roman Law and Life. Oxford University Press, 1998.
Treggiari, Susan. Roman Marriage: Iusti Coniuges from the Time of Cicero to the Time of Ulpian. Clarendon Press, 1991.
Rawson, Beryl, ed. The Family in Ancient Rome: New Perspectives. Cornell University Press, 1986.
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