HONESTE VIVERE: ULPIAN’S PRAECEPTUM IURIS AS MANIFESTED IN THE ROMAN LAW OF MARRIAGE
HONESTE VIVERE: ULPIAN’S PRAECEPTUM IURIS AS MANIFESTED IN THE ROMAN LAW OF MARRIAGE
Author(s): Gardiol J. Van Niekerk, Duard KleynSubject(s): Law, Constitution, Jurisprudence
Published by: Studia Universitatis Babes-Bolyai
Keywords: Praecepta iuris; honeste vivere; live honourably; injure no one; give everyone his due; justice; Roman law of marriage; materfamilias; classical Roman jurists; boni mores; foundational postulates.
Summary/Abstract: In this contribution we explored the influence of the precept of honeste vivere in the writings of the Roman classical jurists, within the context of marriage. Honeste vivere is one of the praecepta iuris that appear in D.1.1.10 and that are regarded as the foundational precepts of Roman law. Although they are not always in accord with the regulae iuris, which are brief statements of the law deduced from the existing positive law, there are instances in which the praecepta and the regulae iuris correspond. This is evident, among others, in the classical texts relating to the prohibition of marriages on social and moral grounds.
Journal: Studia Universitatis Babes Bolyai - Iurisprudentia
- Issue Year: 61/2016
- Issue No: 2
- Page Range: 40-53
- Page Count: 14
- Language: English
