Legal Definitions - infans

In Roman law, an infans referred to a child who had not yet reached the age of seven. This legal classification was significant because an infans was considered to have no legal capacity. This meant they were legally incapable of understanding or entering into contracts, could not be held responsible for their actions in a legal sense, and could not participate in legal proceedings on their own behalf. Their legal affairs and protection were entirely managed by their guardians or parents.

• Example 1 (Contractual Agreements): Imagine a five-year-old child, an infans, wandering into a marketplace and attempting to "buy" a valuable piece of jewelry from a vendor by offering a handful of pebbles. Under Roman law, this transaction would be entirely void. The child, being an infans, lacked the legal capacity to form a contract, meaning they could not legally agree to buy the jewelry, and the vendor could not legally sell it to them. The law recognized that a child of that age could not understand the implications of such an agreement.

• Example 2 (Responsibility for Actions): Consider a six-year-old child, an infans, who accidentally breaks a neighbor's expensive vase while playing with a ball. In a legal system based on Roman law, the child themselves would not be held legally responsible for the damage. Because they were an infans, they were deemed incapable of forming the necessary intent or understanding the full consequences of their actions to be held liable. Any claim for damages would typically fall upon their parents or guardians, who were responsible for supervising the child.

• Example 3 (Legal Proceedings): Suppose a four-year-old child, an infans, was named as a beneficiary in a will. If there were a dispute over the will's validity, the child could not represent themselves in court or even provide testimony. As an infans, they lacked the legal capacity to participate in such proceedings. Instead, a guardian or legal representative would be appointed to act on their behalf and protect their interests throughout the legal process.