Abstract

Legal Situation of the filiae familias and its Significance in Legal and Commercial Transactions in the Roman State during the Period of the Late Republic and Principate (an Outline of the Issues)

Summary

The legal and economic situation of the filiae fanilias is presented
against the background of political and social-economic changes in two
different political systems of the state, the common characteristics of which
were that they constituted consecutive stages of advanced Roman
civilization. The period faced an increase in the significance of women,
although - regardless their status familiae - they were formally excluded
from the public life and deprived of certain rights in the domain o f private
law. Nevertheless, social and economic changes, resulting from the
territorial expansion of Rome, made it possible for Roman women to
expand their activities beyond the scope of the matters related to every day
existence, family and religion, which traditionally for centuries had been
considered as a women’s domain.

As far as the social aspect o f Roman wom en’s activities is concerned,
their status fam iliae seemed to be o f no major importance. As regards
commercial aspects, the situation was different. In this respect, the sui
iuris women unquestionably enjoyed richer possibilities. Nevertheless,
as the analysis o f legal and literary sources show, women subject to the
authority o f a family superior - although having no possibility to be
carriers o f property rights or to enjoy private autonomy - could in fact
influence their economic situation, similarly to slaves. It was possible
mainly due to peculium that stemmed from the common law, which
played a significant role in the social - economic life o f the Roman
state.

It was of a particular significance in the case of women who were subject
to familial authority, but were married. This resulted from the fact that
managing a trust property and using the earned income made it possible
for women to enjoy certain economic freedom, and, as a consequence,
become independent of her husband or his family superior.

Undoubtedly, the expansion and diversification of the activities o ffiliae
familias were influenced by the actiones adiecticiae qualitatis, which
uniformly regulated the responsibilities of the holders of authority for the
liabilities of the alieni iuris persons and slaves. Moreover, parties to
contracts with the family could file such claims, as the aforesaid sources
have proved, which meant that the praetor’s law offered a guarantee that
they could pursue such claims before courts. Consequently, the
participation of women subject to familial authority in commercial
transactions had to become wider. Although still a dominant role was
played by the family’s slaves and sons, women were present in the legal and
economic field during periods of the Late Republic and the Principate.