Identifier: TFG:741
Authors: ABELLAN COELHO, NÉSTOR-VICENS
Abstract:
The present project aims to study the classical roman marriage that came configured in the Digest of Justinian thanks to the contributions of classical jurists as Paulo, Ulpiano, Modestino and others. For this, the author has been guided by the same literature sources as illustrious romanists italian Riccardo Astolfi, Salvatore Di Marzio and Edoardo Volterra, without underestimating other complementary inputs from other Romanists that are cited in the literature and throughout the work. In addition to this and in contrast to this institution, there are many historical facts and comments of classical authors such as Tacito and Ovidio. Thank the lawyer Herennio Modestino, we can safely say that the classic Roman marriage came configured as a union between one man and one woman for life partnership and communication of human and divine law. First, in relation to a union between a man and a woman, it should be noted that the main function of marriage - and especially in the times of Augustus was procreation and preservation of old the mores, the inherited customs of the ius sacrum. Second, for what concerns the consortium for life and away from the christian conception, the classic roman marriage was born as socially recognized status, intended to be permanent and dissolvable. Third, in terms of human and divine communication law should specify that through marriage, and socially recognized status, spouses became partners in divine worship and, as mentioned Publio Cornelio Tácito, the things prosperous and adverse. In conclusion, this project allows the reader to appreciate what the social function and structure of the institution and how they have influenced its entirety today.