Осиновяването в древния Рим и неговото развитие в публичното право
Adoptiion in ancient Rome and its development in public law

Author(s): Salvador Ruiz Pino
Subject(s): Law, Constitution, Jurisprudence, Roman law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: adoption; Rome; public law
Summary/Abstract: In this article are reviewed the public law aspects of roman adrogatio, as a specific kind of adoption of autonomous persons. When pater familias accepts in his family persona sui iuris, i.e. another pater familias, so the last one with all the family members under his power, becomes part of the foreign family. The public law aspect of archaic adoption in Rome is related to the decision of the comicii in the presence of priests – pontiffs. This is related to social, religious, economic and political motives and consequences, because one family disappears from the public area, merging in another family and respectively the home worship and the property merges as well. The adopted one and the persons under his power fell under patria potestas, resp. also under ius vitae nevisque of the adopting person. Being reviewed are possible reasons for the appearance of the institution of adopting and the historical precedents of the ancient Greeks, jews, and in Babylon and Egypt, as well as problems in political adoptions in Rome and their meaning for cursus honorum of those who were adopted. In the end is commented the adoption of Octavian Augustus in the testament of Julius Caesar and the legal consequences of this act.

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