ВЕРИДБА У РИМСКОМ ПРАВУ – КОРАК КА БРАЧНОСТИ ИЛИ БРАК?
BETROTHAL IN ROMAN LAW – A STEP TOWARD MARRIAGE OR MARRIAGE?

Summary/Abstract: Roman marriage is most often defined as a heterosexual, monogamous union of a man and a woman based on the will of both spouses (affectio maritalis). Depending on the historical moment, the social status and the customs, it was often preceded by a betrothal, as a mutual promise that in the future there will be a marriage. Consequently, Roman legislators, jurists and emperors attributed various properties and implications to the life of future newlyweds. Following the idea of the approximation of the legal status of the betrothal and the marriage from the 3rd century BC, through the normative activity of Octavian Augustus, until 380 AD, the author tries to sublimate the concepts of Roman legislators and jurisprudents, and to answer the question of whether in any era of pagan Rome, betrothal and marriage have been equated, as well as what were the necessary conditions for a betrothal to produce a legal effect. The paper uses the linguistic, systemic and historical interpretation of the texts: D.22.5.5, D.23.1.7.1, D.23.1.11, D.23.1.16, D.23.2.14.4, D.23.2.45. pr. and 4, D.38.10.6. and 8, D.45.1.134. pr, D.47.10.1.9, D.48.9.1. and 3, C.5.4.1, Fr. Vat. 298. and 302. and historical method.

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