ДЕТСТВОТО В РИМ
ADOLESCENCE IN ROME
Author(s): Sebastiano TafaroSubject(s): Law, Constitution, Jurisprudence, History of Law, Civil Law, EU-Legislation
Published by: Софийски университет »Св. Климент Охридски«
Keywords: child; legal capacity; tutela impuberum; recognition by the father;
Summary/Abstract: We can ask ourselves wheter the position of the children in the Roman law permits forms of recognition of their rights. It looks like it does. It is necessary to review again the ancient sources, abstaining from modern concepts of persons based on the theories of legal personality and legal capacity. By considering the notion of "child" (puer, infans, impubes), we can note the existence of the right to be born and, more generally, the right to life and the ensuing from it right to alimentation and care. These rights are also accompanied by appropriate forms of protection, such as exemption from the obligation to carry out public service or appear in court for others, and tutela impuberum. In single cases, children is recognized the possibility to possess, because it consists simply of a factual situation. It is important the right to be recognized by their own father and the right to identity, including through the name.
Journal: IUS ROMANUM
- Issue Year: 2017
- Issue No: 1
- Page Range: 287-315
- Page Count: 29
- Language: Bulgarian