"Peculium" as the Human Potential Development in Ancient Rome

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Authors

FRÝDEK Miroslav

Year of publication 2010
Type Article in Proceedings
Conference Proceedings of the Seventh Annual International Scientific Conference “Human Potential Development: Search for Opportunities in the New EU States”
MU Faculty or unit

Faculty of Law

Citation
Field Law sciences
Keywords Roman law; delictum; quasi delictum; peculium castrense; iudex; si iudex litem suam fecerit
Description The following treatise discusses two institutes of Roman law; the first being the peculium castrense and the second being the quasidelict si iudex litem suam fecerit. The first one enabled for the son filius familias to have certain things that he acquired in military service, such as soldier s pay, war booty, in his exclusive possession. This is a rather large landmark in the family property law because, originally, all the family property, even the one that was acquired by other members of it, had been considered as the property of the father of the family pater familias. The son could even draw up a will concerned with and was liable up to the amount of the property covered by the institute of peculium castrense. In analogy to the above mentioned liability, the second institute, iudex qui litem suam fecit (fecerit,), is analyzed in this paper, in which it was specifically the filius familias living separately from his family who was liable.
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