Some Reasons Restricting The Capacity Of Right In Roman Law
A) Emancipation (Libertinus): The status of freed slaves. Freedmen could not be members of the senate and could not be knights. During the reign of the emperor Augustus, freed slaves were forbidden to marry citizens, and freed slaves had obligations to their former masters. Nevertheless, in some special cases slaves could gain the status of freedom from birth.
B) INFAMIA (dishonor): Dishonor is the loss of a person’s respectability in society. These people were deprived of public services and their rights to vote and be elected were taken away from them. In time, they were forbidden to apply to the judicial authorities and file lawsuits there, and they were not heard as witnesses. These included those who were dismissed from military service, those who engaged in usury or those who practiced immoral professions.
C) RELIGION: Since the spread of Christianity in Rome and its adoption as the state religion, the rights of apostates or people of other religions were restricted.
D) CLASSES: Having certain classes or professions also led to certain restrictions. For example, plebeians could not marry particius. Likewise, some public officials could be restricted in some rights or they could gain some rights. Likewise, people called colonus, who we can call land slaves, did not have the right to leave the land, they were bought and sold together with the land.
E) GENDER: Women were not granted any rights in public law. In private law, their rights were limited. Women’s financial transactions could also be carried out through a representative. This would be a guardian or family father.
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