Najstariji oblik rimskog braka

Abstract

U radu je učinjen pokušaj da se brak bez manusa prikaže kao prvobitni oblik rimskog braka, što protivreči uvreženom shvatanju o istorijskom prvenstvu braka sa manusom. Pored toga, autor se osvrnuo i na evoluciju bračnih davanja u starom Rimu.

It is difficult to highlight the most distant period of every ancient civilization because of chronic lack of preserved sources. That is also the case with the oldest period of the Roman history and an attempt to sketch a possible evolution of the Roman marriage and marriage payments. Also, one of aggravating circumstances is the fact that Roman jurists were great practitioners, but they neglected completely the history of their law, with an honorable exception of Gaius. The only thing that can create the starting basis of any analysis of the Roman marriage is, undoubtedly, the existence of two types of marriages in the Roman Republic. Mainly, the majority of writers have given the historical prevalence to the marriage with the manus. The later marriage without the manus, usually ascribed to the plebeians prevailed over the time, by suppressing the marriage with the manus. However after some contemplation and by reading scarce sources, one can find arguments to support the thesis on the priority of the marriage without the manus. The time of appearance of Roman geneses is designated by the consortium as the predominant type of a family. That was a family of the distinctive equality of its members, without the almighty pater familias. The creation of geneses became possible by the uniting of families that, analogous to numerous ancient cultures, could be achieved by exchanging wives. In order to be able to contribute to the uniting of families among which family ties had been created in that way, they had to enter into the marriage without the manus because that was the only way for them to preserve ties with their families. The creation of the agnatic family put the pater familias in a position to be able to sell a member of his family, or to buy someone from some other family, thus paving the way to the marriage with the manus. Only those who were richer could afford that, while plebeians could still have the marriage without the manus. Plebeians who got rich could use the uses of the Law of Twelve Tables, as a concession granted to them by which the marriage without the manus could develop into the marriage with the manus. Dionysius of Halicarnassus has stated that already leges regiae indirectly mentioned a dowry, which points out the priority of this prenuptial donation in Rome. Also, a provision of the Law of Twelve Tables (IV, 3) ordering the dismissed wife to give back the keys and take her things, which could refer either to her dowry or to her peculium, speaks in favor of the precedence of the marriage without the manus, because in case of having the marriage with the manus all these things would belong to the husband already during the wedding ceremony, and he would not be obliged to give them back after the marriage was dissolved.