Las personas en el derecho romano

Introduction to Roman Law and Persons

The Concept of Persona in Roman Law

• The term "persona" originates from the Latin word meaning "to sound," referring to how actors used masks in Roman theaters to represent different characters.

• In Roman law, "persona" does not strictly equate to a legal subject; it encompasses various categories including slaves, foreigners, and citizens.

Classification of Persons

• Free persons were divided into two main groups: citizens (cives Romani) and non-citizens (peregrini), with further subdivisions among citizens based on their legal status.

• Slavery could arise from birth, captivity, or debt; individuals could be enslaved if they failed to repay debts.

Rights and Representation of Slaves

• Slaves had no rights but could act as representatives for their masters in legal matters under certain conditions.

• Upon manumission (the act of freeing a slave), an individual became a libertus with obligations towards their former master but could gain citizenship rights.

Categories of Citizens

Sui Iuris vs. Alieni Iuris

• Sui iuris refers to citizens who are legally independent and can represent themselves in legal matters.

• Alieni iuris are dependent on another person (usually a father or guardian); they cannot independently engage in legal transactions without consent.

Legal Capacities and Limitations

• Sui iuris individuals have broader rights within the legal framework, while alieni iuris require parental approval for significant actions like marriage or property transactions.

• An alieni iuris can participate in negotiations but is limited by their dependency on the pater familias for representation.

Special Cases: Ingenuus and Peregrinus

Status of Ingenuus

• An ingenuus is someone born free but outside marriage; they lack direct paternal ties unless recognized by the father through specific means.

Rights of Peregrini

• Peregrini are foreign nationals living under Roman jurisdiction with limited rights compared to full citizens; they can engage in contracts but face restrictions regarding political participation.

Pathways to Citizenship for Foreigners

• Foreigners could acquire citizenship through military service, special grants from authorities, adoption by Romans, or marriage—though initially restricted.