Legal Definitions - senatus consultum Velleianum

The senatus consultum Velleianum was a significant decree in ancient Roman law, likely enacted around 46 AD. Its primary purpose was to safeguard women from financial exploitation by preventing them from legally binding themselves to pay the debts or guarantee the obligations of others, particularly their husbands or other male relatives. Essentially, it made any such financial undertaking by a woman unenforceable in court, thereby protecting her assets and financial independence from being jeopardized by the debts of others.

• Example 1: Guaranteeing a Husband's Business Loan

  Imagine a Roman merchant, Marcus, whose business is struggling and requires a substantial loan. The lender insists on a guarantor. Marcus pressures his wife, Livia, to sign a document promising to repay the loan if he defaults. Under the senatus consultum Velleianum, Livia's guarantee would be legally void. If Marcus failed to repay the loan, the lender could not successfully sue Livia to recover the money, as the law specifically protected her from such an obligation.

• Example 2: Acting as Surety for a Friend's Purchase

  Consider Julia, a Roman woman, who agrees to act as a surety (a form of guarantor) for her friend, Gaius, who wishes to borrow money to purchase a new property. Julia signs a formal agreement stating she will cover Gaius's debt if he is unable to pay. The senatus consultum Velleianum would render Julia's suretyship unenforceable. Even though she might have willingly signed, the law recognized the potential for undue influence or financial risk to women and would prevent the lender from enforcing the debt against Julia if Gaius defaulted.

• Example 3: Assuming a Brother's Gambling Debts

  Suppose Cornelia's brother, Lucius, has accumulated significant gambling debts and faces severe consequences from his creditors. To protect him, Cornelia agrees to personally assume his debts, promising the creditors that she will pay them off. The senatus consultum Velleianum would invalidate Cornelia's assumption of her brother's debt. The creditors would be unable to legally compel Cornelia to pay Lucius's debts, as the decree specifically aimed to protect women from taking on such financial liabilities on behalf of others, even family members.