For a long time, modern literature has focused the topic of the consilium domesticum, resulting often divided both in relation to the question concerning its real existence, and the possible procedural implications that could be traced back to it. Starting from the ius vitae ac necis, i.e. the well-known potestas recognized in ancient times to the pater familias towards his alieni iuris subiecti and from the meaning of the term consilium, we will try to outline the role and nature of this consilium domesticum, starting from its variable composition, taking into consideration that in the sources are involved the so- called propinqui, i.e. necessarii, cognati up to even amici are involved, up to the effects arising from the pronouncement of the paternal decision after the consilium’s cognitio, as well as its relationship with the rulings deriving from the Roman courts.
Famiglia e strumenti processuali: il caso del iudicium domesticum
Marcello Morelli
2024-01-01
Abstract
For a long time, modern literature has focused the topic of the consilium domesticum, resulting often divided both in relation to the question concerning its real existence, and the possible procedural implications that could be traced back to it. Starting from the ius vitae ac necis, i.e. the well-known potestas recognized in ancient times to the pater familias towards his alieni iuris subiecti and from the meaning of the term consilium, we will try to outline the role and nature of this consilium domesticum, starting from its variable composition, taking into consideration that in the sources are involved the so- called propinqui, i.e. necessarii, cognati up to even amici are involved, up to the effects arising from the pronouncement of the paternal decision after the consilium’s cognitio, as well as its relationship with the rulings deriving from the Roman courts.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.