Justiea nuptiae definition Roman Men and women Marriage Difination

Justiea nuptiae definition Roman

Justiae Nuptiae is defined by justinian as the lawful union of men and women whereby they consented to lead an undivided life marriage
according to roman law was a contract by which a man and women entered into a mutual engaement in the form prescribed by law to live together
as husband was called vir and the wife uxor

Forms of marriage in early Rome There were two forms of marriage in early rome there were two forms of marriage widely different in their
effects upon the position and property of the wife marriage with manus and marriage without manus the former occurred when both the parties to
the marriage had the jus connubi the capacity to enter into a lawful marriage it brought the wife the children and her property under the control
of her husband agnate originally it was strictly confined to roman citizens this form of marriage was also called matrimonium justum in the latter form of marriage
form of marriage the jus connubi was wanting with the parties to the marriage it was confined to the aliens and it did not effect the status of the wife she remained
in fact she had the power to dispose of her property freely this form of marriage was also called matrimonium nonjustum in ancient times marriage was restricted
within the classes to which the parties belonged thus the plebs could not marry patricians this restriction was removed by lex canuleia which allowed inter marriage
between the patricians and plebeians the marriage with manus had almost disappeared before the end of the republic under the Empire the Normal Marriage

was without manus and such a marriage was a valid marriage in the fullest sense of the term As Distinguished from justiae nuptiae there were two kinds
of unions  Concubinatus and contubernium

Concubinatus:concubinatus was a permanent union between a free man and a woman without marriage the man who had a lawful wife could not take a concubine
the wife of another man nor to have more than one concubine at the same time in later times concubine was called amica it was not uncommon between persons
of unequal rank and sometimes it was resorted to by widowers who had already lawful children and did not wish to contract another legal marriage an unmarried
person could have a concubine the children born in concubinage were neither under the power of their father nor entitled to succeed as children by a legal marriage
but they could demand support from him and succeed from their mother under the christian emperors concubinage was not favoured but it subsisted as a legal institution
in the time of justinian at last leo the philosopher Emperor of the Est in A D 887 abolished concubinatus as being contrary to religion and public decency
He Said why should you prefer a muddy pool when you can drink at a purer fountain the existence of this custom however was prolonged in the west among the franks
lombards and germans