Legal Relations between Children and Parents in Ancient Rome

Abstract

The problem of legal regulation of family relations has always been remained under scrutiny of the Roman state and society. Roman law sufficiently fully and thoroughly regulated the relationship of family members. The relationships between parents and children throughout Roman history were determined by the idea of patria potestas, - the patriarchal and unilateral power of the father. With the increasing importance of blood kinship, the need for economic independence of subjects, the power of pater familias had been weakened. This article considers the peculiarities of the development and formation of legal relations between parents and children in ancient Roman society. On the example of the relationship between parents and children, the model of the Roman family was studied. The signs and prerequisites for the formation and development of strong paternal power have been revealed. Personal property and non-property relations of parents and children in ancient Roman society have been studied as well. Some similarities in the legal regulation of these relations with the modern family law of Russia are highlighted. In particular, there was a similar procedure for defining and implementing the rights of minor children; there are common features of the rights and obligations of parents towards their children, as well as in the field of maintenance obligations.