Legal Definitions - leges curiatae

In ancient Roman law, leges curiatae refers to laws or decrees passed by the Curiate Assembly (Comitia Curiata). This was one of the oldest assemblies in Rome, dating back to the regal period and early Republic. While its legislative power significantly diminished over time, becoming largely ceremonial, it retained important functions, particularly in matters of family law, such as adoptions and wills, and formally confirming the imperium (the power to command) of newly elected magistrates. Essentially, these were specific legal acts or approvals granted by this ancient assembly.

• Confirmation of Executive Power (Imperium):

  After being elected by the Centuriate Assembly, a Roman general, Marcus, needed his military command officially recognized to lead armies and govern provinces. The Curiate Assembly would pass a lex curiata de imperio for Marcus, formally granting him the imperium necessary for his office. Without this ceremonial, but legally crucial, act, his authority would not be fully legitimate in the eyes of traditional Roman law.

• Formalizing Adoptions:

  A wealthy Roman patrician, Lucius, had no male heir and wished to adopt his nephew, Gaius, to ensure the continuation of his family name and property. To formalize this adoption, particularly if it involved a person not under paternal authority (sui iuris) or had significant religious implications for the family cult, the Curiate Assembly would be involved in passing a lex curiata to approve and validate the adoption, making it legally binding under Roman custom and law.

• Public Validation of Wills:

  An elderly Roman citizen, Cornelia, wished to distribute her substantial estate among her children and a temple endowment, ensuring her wishes were legally recognized after her death. In the early Republic, to ensure the validity and public recognition of her will, Cornelia might have presented it before the Curiate Assembly. The assembly's approval, a form of lex curiata, would publicly sanction her testamentary dispositions, making them legally enforceable and preventing disputes among her heirs.