Legal Definitions - matrimonium

Matrimonium is a Latin term from Roman law that refers to marriage.

Historically, the phrase matrimonium ipsum was used to emphasize marriage itself, referring to the institution of marriage as a fundamental legal and social construct, rather than just an individual union.

Here are some examples to illustrate this concept:

• Imagine a scenario in ancient Rome where a wealthy patrician man, Gaius, and a respected Roman woman, Livia, decided to formalize their union. Their public declaration and adherence to the prescribed legal rites for marriage would establish their matrimonium, granting them specific rights and responsibilities under Roman law, such as shared property and legitimate children.

  This example demonstrates matrimonium as the formal, legally recognized union between individuals in Roman society.

• Consider a modern legal history class discussing the origins of Western family law. A professor might explain how the Roman concept of matrimonium, with its emphasis on the legal status and societal role of spouses, significantly influenced subsequent European legal codes regarding inheritance, parental authority, and marital obligations.

  Here, matrimonium refers to the foundational legal concept of marriage from Roman law that shaped later legal systems.

• In a philosophical debate among legal scholars about the intrinsic value of marriage, one might argue that society has always recognized matrimonium ipsum – the inherent importance of marriage as a stable institution for procreation, family structure, and societal order – distinct from the personal feelings or agreements of any particular couple.

  This illustrates matrimonium ipsum by highlighting the concept of marriage as a fundamental, enduring societal institution, rather than just an individual relationship.