FAMILIY AND FAMILY HERITAGE IN ROMAN LAW
FAMILIY AND FAMILY HERITAGE IN ROMAN LAW

Summary/Abstract: In Roman law, for a long time the concept of family and that of patrimony were found in a symbiotic relationship. Both the family and the patrimony were configured as forms of the expression of power. In fact, dominion was the nucleus around which all the creative reforms of a stable system of law revolved. The stability of the Roman system of law is confirmed by the succession of centuries, which only confirms its immutability. This article seeks the vitality of an elastic and dynamic legal system permanently connected to the pulse of society, the requirements of practice and social values. And the primordial value legally recognized by the Romans was power; both the collective and the individual power. The pre eminence of dominion, as we shall see, is reflected both in the edification of the legal regime of property and in the regulation of family relations. However, starting with classical law, the two notions begin to gradually detach from the framework value (mastery) and through the uninterrupted creative effort of the praetors to acquire its own physiognomy, appearing over the centuries as essential independent values.

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