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Simple English definitions for legal terms

patria potestas

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A quick definition of patria potestas:

Patria potestas is a Latin term that means "paternal power." In ancient Rome, the male head of a family had complete control over his children and their descendants in the male line, unless they were emancipated. This power included the ability to punish, imprison, sell, or even put to death his own children. Over time, the patria potestas became more of a responsibility to support and maintain family members. However, women did not fall under their husband's power and remained under their father's until their father's death.

A more thorough explanation:

Definition: Patria potestas is a Latin term that refers to the authority held by the male head of a family over his legitimate and adopted children, as well as further descendants in the male line, unless emancipated. Initially, the father had extensive powers over the family, including the power of life and death. Over time, the broad nature of the patria potestas gradually became more in the nature of a responsibility to support and maintain family members. But except in early Roman history, a wife did not fall into her husband's power but remained in her father's until she became sui juris by his death.

Examples: In Roman law, a father had the power to inflict any punishment, including severe ones, on his children. He could also sell them into slavery or even put them to death. The patria potestas also extended to the children of his sons and those of his sons' sons, if any such were born during his lifetime. However, the right of putting a child to death fell into disuse over time, and the execution of a son by order of his father was regarded as something strange, unless under extraordinary circumstances.

Explanation: The examples illustrate the broad nature of the patria potestas in early Roman history, where a father had absolute control over his children's lives and could inflict any punishment on them. However, over time, the patria potestas became more of a responsibility to support and maintain family members. The examples also show that the patria potestas did not extend to a wife, who remained under her father's power until she became sui juris by his death.

patria | patrician

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