Legal Definitions - justae nuptiae

In ancient Roman law, justae nuptiae referred to a legally recognized and valid marriage. It was a formal union between two individuals who possessed the specific legal capacity to marry each other, a concept known as conubium.

The defining characteristic of a justae nuptiae was that it created a specific legal relationship, most notably the father's patria potestas (paternal power) over any children born from the union. This power granted the father significant legal authority over his children and their property. If a union did not qualify as justae nuptiae, it did not create this legal relationship, even if it was a socially recognized partnership.

Here are some examples illustrating justae nuptiae:

• Example 1: A Marriage Between Two Roman Citizens

  Marcus, a freeborn Roman citizen of legal age, marries Livia, also a freeborn Roman citizen of legal age. Both individuals have the full legal capacity (conubium) to marry each other under Roman law, and there are no impediments like close familial ties. Their union is a justae nuptiae. As a result, any children born to Marcus and Livia would be considered legitimate and fall under Marcus's patria potestas, granting him legal authority over them.

• Example 2: A Roman Citizen Marrying a Non-Citizen

  Gaius, a Roman citizen, enters into a relationship with Thalia, a woman from a neighboring Greek city-state who is not a Roman citizen (a peregrina). While Gaius and Thalia may live together and consider themselves married in a social sense, their union would not be recognized as a justae nuptiae under Roman law. This is because Thalia, as a non-citizen, lacks the conubium necessary to form a legal marriage with a Roman citizen. Consequently, any children born to them would not be under Gaius's patria potestas, and their legal status would differ from children born of a justae nuptiae.

• Example 3: A Marriage with a Legal Impediment

  Julia, a Roman citizen, attempts to marry her paternal uncle, Lucius, also a Roman citizen. Despite both being Roman citizens, Roman law strictly prohibited marriage between close relatives, including uncles and nieces. This legal impediment means that Julia and Lucius do not possess the necessary conubium for a valid marriage. Therefore, their attempted union would not be considered a justae nuptiae, and no legitimate family relationships or patria potestas would arise from it.