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Legal Definitions - addictio
Definition of addictio
Addictio is a term from ancient Roman law that describes the formal act by which a public official, known as a magistrate, officially grants or assigns a person or an item to another individual. This was a judicial or administrative declaration that legally transferred control, ownership, or guardianship.
Imagine two Roman families disputing the rightful ownership of a valuable piece of artwork that had been passed down through generations. A magistrate would hear arguments from both sides and, after careful consideration, issue an addictio. This formal declaration would legally establish which family was the rightful owner and mandate the transfer of the artwork to them. This example illustrates the awarding of a "thing" (the artwork) by a magistrate to one of the disputing parties.
In a different context, if a Roman citizen passed away without formally designating a guardian for their minor children, a magistrate would intervene. After assessing suitable candidates, the magistrate would issue an addictio, formally assigning a qualified relative or trusted friend as the legal guardian for the orphaned children. Here, the "person" (the children, in terms of their legal care and guardianship) is formally awarded by the magistrate to another individual (the guardian).
Consider a scenario where a Roman citizen applied for the right to cultivate a specific parcel of public land for agricultural purposes. After reviewing the application and ensuring all conditions were met, a magistrate could issue an addictio, officially granting that citizen the legal right to use and cultivate that particular piece of land. This demonstrates the magistrate formally awarding a "thing" (the right to use the land) to an individual.
Simple Definition
In Roman law, *addictio* referred to the formal act by which a magistrate awarded or assigned a person or thing to another party. This legal process served as a method of transferring ownership or control under the authority of the court.