Legal Definitions - infantia

Infantia is a term originating from ancient Roman law that designates the earliest phase of a person's life, specifically from birth until they reach the age of seven years. During this period, individuals were considered to have limited or no legal capacity, meaning they were generally presumed incapable of making legally binding decisions or being held fully accountable for their actions.

Here are some examples illustrating the application of infantia:

• Contractual Incapacity: Imagine a five-year-old child in ancient Rome attempting to "purchase" a small item from a market vendor. Under the legal principle of infantia, this transaction would not be recognized as a valid or enforceable contract. The child, being under seven years old, was legally presumed to lack the necessary understanding and maturity to enter into binding agreements, meaning neither the child nor their family could be legally compelled to honor the "purchase."

• Lack of Criminal Responsibility: Consider a six-year-old child who, through play or mischief, causes minor damage to a neighbor's property. In Roman law, a child within the period of infantia would not be held criminally responsible for such an act. The legal system acknowledged that individuals of this age were incapable of forming criminal intent (mens rea) or fully comprehending the legal and moral implications of their actions, thus absolving them of direct legal culpability.