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In any country, the relationship between husband and wife is the bond of the family relationship. All relationships in the family are formed around marriage. Therefore, the marriage system is the main institution of family relations. so

author:Chaos Record

In any country, the relationship between husband and wife is the bond of the family relationship. All relationships in the family are formed around marriage. Therefore, the marriage system is the main institution of family relations.

Then, in the marriage system, it is necessary to mention the dowry of women, so what is the dowry system of ancient Rome, which has the most developed legal system in the ancient world?

As the saying goes: it is difficult for officials to judge family affairs, and the marriage system is different from other legal systems, and the marriage system not only has other legal characteristics, but also has a strong social and ethical color.

In ancient Rome, the dowry system was an important property system in ancient Roman marriage relations. After a long period of historical development, ancient Rome finally formed a complete set of dowry system and gradually improved with the development of society.

So, what exactly does the dowry system in Roman law stipulate?

The so-called dowry system is that the woman's property or goods brought to the in-laws' family by the mother's family at the time of marriage for the purpose of marriage are used to subsidize the living expenses of the husband's family, also known as dowry or dowry.

In short, it refers to the property that a woman brings to her husband's family on the premise of marriage and for the purpose of maintaining married life. This dowry system, under different forms of marriage, presents different contents.

First, the dowry system of "marriage with husband's right"

(1) "Paternal rights" are determined

For a long time in the early days of ancient Roman society, the clan economy occupied a major position in ancient Roman society. Although, with the development of social productivity, the clan economy disintegrated, and the agricultural economy, which was dominated by industry and commerce, flourished.

At the same time, the power of the plebeian class continued to grow and became an important political force in the political arena of ancient Rome. The commoner class was constantly fighting against the aristocratic class for its rights and interests.

After constant struggle among the commoners, the aristocratic class finally made a compromise. At the request of the commoner class, ancient Rome promulgated the first written law, the Law of the Twelve Bronze Tables. Although the Twelve Bronze Tables Law clearly stipulates the rights of the commoners and the restrictions on the exercise of public power by the nobility. But because the idea of the supremacy of clan interests is deeply rooted in the hearts of the people.

Therefore, the "patriarchal right" was retained, which in turn provided a strong institutional guarantee for the "husband-powered marriage" to become the mainstream form of marriage in ancient Roman society.

(2) Dowry system

In the marriage model of "husband-power marriage", it retains a strong clan color, especially the provision of "patriarchal rights" for parents. In "marriage with husband power", the law gives the father absolute right to have absolute dominance over family members. The father has the right to uniform control over the family members and the family property, and has the right to determine the marriage of the children of the family.

In the ancient Roman dowry system, the head of the woman's family had to prepare a certain dowry for the woman, which was carried to the husband's family after the woman's marriage to subsidize the living expenses of the husband's family.

In the form of "husband-powered marriage", the woman does not have an independent legal personality. She simply transferred custody of the woman from her father to her in-laws' father as she married. Women do not have independent property disposition rights and are unable to engage in any economic activity without the permission of their husbands.

At this time, the dowry of women implemented the system of marriage transfer. The woman does not really grasp the ownership of the dowry, but with the woman's marriage, the ownership of the dowry is transferred from the mother-in-law's family to the in-laws' family.

The dowry brought by the woman from her mother's family is charged into the family property of the husband's family and is under the unified control of the husband's family. Although the wife can obtain the inheritance rights of the husband's family, she cannot request the return of the property that originally belonged to her. Even if the wife is abandoned for her dowry, she cannot return.

Second, the dowry system of "marriage without husband rights"

In fact, "husbandless marriage" has appeared in the early days of ancient Roman society, but in the era when the concept of clan was deeply rooted in the hearts of the people. This form of "marriage without husband rights" is not recognized by society.

However, with the development of ancient Roman society, the territory continued to expand. A large amount of wealth poured into Rome from the conquests, and the ancient Romans accumulated a lot of wealth, and the women's dowry became more and more abundant.

The woman's parents are not willing to give the woman's high dowry to the husband's family in vain, and they tend to help the women in their own family choose "husbandless marriage".

Since in the form of marriage without husband rights, men and women are equal in status. Men do not enjoy any privileges, and women can file for divorce at any time. At that time, women still did not have an independent legal personality. Therefore, in the form of marriage without husband rights, the woman's custody is still in the hands of the mother's father, then the woman's dowry is also controlled by the woman's mother's father.

In marriages without husband rights, the dowry system of "dowry agreement" is implemented, that is, the woman's family will agree to give the woman a dowry, but at that time, this dowry was not actually delivered. The dowry that should have belonged to the woman was still controlled by the father of the mother's family, and only after the death of the father did the woman's dowry really return to the woman's hands.

At this time, the woman can choose to find a guardian to help her dispose of the property as a free person, or she can dispose of the property alone. In "marriage without husband rights", the property of both men and women is independent of each other, and only if neither party has a legal heir, each other will enjoy the right of inheritance.

3. The system of wife and financial litigation

Originally, the wife's financial litigation system was a lawsuit filed by the wife to her husband's family in order to ensure her own livelihood. Originally, this system was only applicable to divorce, but due to the continuous foreign wars waged by ancient Rome, the number of men wrapped in the body of Ma Ge was increasing, and there were more and more widows in society. Augustus, in order to encourage widows to remarry, extended it to the circumstances of the death of their husbands.

That is to say, no matter how much dowry the wife has, it is also no matter what form of marriage she is in. The wife herself has the right to file a lawsuit with the court to demand that the husband's family return a certain amount of money or goods to ensure her daily needs. However, the wife can choose between dowry and bequest, and neither can be both.

During the reign of Emperor Youdi I, the dowry system was reformed to ensure that the wife was able to successfully recover the dowry after the marriage was dissolved. in order to maintain a normal life for women.

In any country, the relationship between husband and wife is the bond of the family relationship. All relationships in the family are formed around marriage. Therefore, the marriage system is the main institution of family relations. so
In any country, the relationship between husband and wife is the bond of the family relationship. All relationships in the family are formed around marriage. Therefore, the marriage system is the main institution of family relations. so
In any country, the relationship between husband and wife is the bond of the family relationship. All relationships in the family are formed around marriage. Therefore, the marriage system is the main institution of family relations. so
In any country, the relationship between husband and wife is the bond of the family relationship. All relationships in the family are formed around marriage. Therefore, the marriage system is the main institution of family relations. so
In any country, the relationship between husband and wife is the bond of the family relationship. All relationships in the family are formed around marriage. Therefore, the marriage system is the main institution of family relations. so
In any country, the relationship between husband and wife is the bond of the family relationship. All relationships in the family are formed around marriage. Therefore, the marriage system is the main institution of family relations. so

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