Published: 2019-04-17

Some General Comments on G. 1, 190

Elżbieta Ejankowska
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2019.19.1.03

Abstract

The subject of my paper is a passage from the Institutes of Gaius challenging the view of the veteres that adult women sui iuris should continue to have a legal guardian responsible for them because of their levitas animi (lack of prudence). It is assumed in the literature that Gaius was looking at tutela mulierum from a historical perspective, and that he said that the institution of tutelage over women, especially freeborn women, had been abolished. However, the grammatical analysis of the text (G. 1,190) indicates that in the period when the Gaius wrote his work there were situations in which testamentary or judicial tutelage could arise for ingenuae as well.

Keywords:

tutela mulierum, women sui iuris, private autonomy, Gaius, economic growth.

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Citation rules

Ejankowska, E. (2019). Some General Comments on G. 1, 190. Zeszyty Prawnicze, 19(1), 61–71. https://doi.org/10.21697/zp.2019.19.1.03

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