Legal Definitions - peculium adventitium

The term peculium adventitium refers to property or assets acquired by an individual from sources outside the direct control or provision of their primary legal guardian or authority figure.

Historically, in Roman law, this concept applied to property acquired by a child or slave from sources other than their paterfamilias (head of the family) or master. In a broader, more modern sense, it signifies property that an individual obtains independently, rather than receiving it directly from a parent, guardian, or employer who holds primary legal or financial responsibility over them.

Here are some examples illustrating this concept:

• Example 1: A Minor's Earnings

  A 16-year-old high school student, still living at home and financially supported by their parents, takes on a part-time job at a local bookstore. The wages they earn from this job, which they deposit into their own savings account, constitute peculium adventitium.

  This illustrates the term because the money was acquired through the student's own labor from an external employer, rather than being provided directly by their parents, who are their primary financial providers.

• Example 2: An Inheritance or Gift

  An adult child, who is still financially dependent on their parents while attending university, receives a significant inheritance from a deceased grandparent. This inheritance is considered peculium adventitium.

  This demonstrates the concept as the assets originated from an external source (the grandparent's estate) and were not directly provided by the parents, who are the child's primary financial support.

• Example 3: Income from Personal Endeavor

  A stay-at-home parent, whose household expenses are primarily covered by their spouse's income, develops a successful online business selling handmade crafts. The profits generated from these sales are peculium adventitium.

  This example shows the term in action because the income was generated through the individual's independent skill and effort from external customers, rather than being part of the spouse's direct financial provision for the household.