THE ORIGIN OF MARRIAGE IN NATURAL LAW ACCORDING TO ULPIAN
THE ORIGIN OF MARRIAGE IN NATURAL LAW ACCORDING TO ULPIAN

Summary/Abstract: The definition of natural law was transmitted to us from classical Roman law according to Ulpian. The text containing this definition was written under the influence of Greek ideas. However, this text, which has a legal character, provides for a law that applies only to humans. As for the marriage between a man and a woman, referred to as having its origin in natural law, it lies on the basis of statements by the same Roman jurist: he claims that the offspring are born to belong to the Republic, too. Also, both natural and positive law state the existence of mutual support obligations between parents and their children. The Romanian Civil Code stipulates the marriage between a man and a woman. As revealed in the present paper, the foundation of this provision of the Romanian Civil Code can be found in the classical Roman law according to Ulpian (D. 1.1.1.3), as well as in the text of the Emperor Justinian (I. 1.2. pr.).

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