Petrenko, D. S. Some Aspects of Establishment and Legal Confirmation of the Institution of Marriage in Ancient Rome

Abstract: The subject of the research is the process of formation of the institution of marriage in Ancient Rome. The author of the article carries out the analysis of definitive aspects of marriage in Roman social and legal life and studies particular factors and conditions of marital cohabitation. The author of the article also studies historical and legal aspects of the relation between the institution of iustum matrimonium (marriage in law) and manus in the Roman law, evolution of the role of woman in the system of marital relations, the significance of the institution of dowry (dos) for development of the system of marriage and family relations in ancient Rome and the development of procedures of formalization of legal marriage in ancient Rome. In his research the author uses the dialectic-materialistic philosophical method, general scientific methods (system, deductive and inductive analysis and synthesis, comparative and historical analysis). The author also uses special law methods (formal logical (dogmatic), comparative and historical law methods). Scientific novelty is the proof of the difference between legal constructions of manus and marriage based on new facts and data. Manus and marriage were two different phenomena of the Roman law. They appeared at different times and were aimed at solution of different social tasks. In this regard, the author of the article proves the thesis about manus being a complicated social construct of unlimited domination of a man over a woman for the purpose of economic benefits and exploitation of woman’s physical and childbearing features but not a special form of cohabitation of man and woman and historical prerequisite of a legal marriage.

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