GIUSTIZIA, PENA E MISERICORDIA NELL'ISTITUTO DEL MATRIMONIO NEL DIRITTO ROMANO
Journal Title: Vergentis. Revista de Investigación de la Cátedra Internacional Conjunta Inocencio III - Year 2017, Vol 1, Issue 5
Abstract
The issue of justice and punishment can be found in the resolution of the conflict between spouses from the archaic Roman law. The divortium institution in the Roman legal system from its birth as a response to the ius vitae ac necis of the husband over the wife, the unilateral repudiation and, finally, the dissolution of the bond will be outlined. The analysis will continue with the regulations in the classical period and then the regulations in the Late Empire which, coinciding with Christianity, were modified by virtue of the importance given to indissolubility by the patristic doctrine. We will see how the ius, which considers divortium as a response of one spouse to the injustices from the other one, had to be measured with the Christian doctrine which, in the matrimonial field, protecting the bond, will strike a balance between social and religious needs through the institute of separation as a "merciful punishment".
Authors and Affiliations
Paolo Giuseppe Maria Lobiati
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