Child and Parent in Roman Law

Abstract

This chapter concentrates on the issues in which the Roman jurisdiction of the Empire intervened in the relationships between parents and their (minor) children. It discusses the ownership and use of the property of the children, the consequences of legal incapacity of the children, guardianship, limits of patria potestas and filial and parental duties. Children were to be constantly under someone else’s authority. This meant not only restrictions in managing property, and in incapacity to represent oneself or others, but also some privileges. Moreover, while patria potestas was an important tool in organising family finances, in propagating Romanness and proper family relationships during the Roman Empire, it was not without limits. The powers of the fathers were balanced by the requirement of pietas between parents and the children.