Suchergebnisse

Abstract
The question whether the administrative division of the Roman empire in 364 or 395 implied also a divided legislation, i.e. that each part could or did legislate only for itself, has been extensively debated. To all appearances the emperors issued laws jointly, and likewise the prefects issued edicts jointly. Yet it is possible to deduce from the few relevant texts that these manifestations of unity were merely ideological: in practice each part could only issue laws for itself, and laws of the other part had to be confirmed expressly in order to gain validity. This implies that inclusion in the Theodosian Code of laws of each part did not make them universally valid.

Abstract

Emanzipation as rite de passage. Formula Visigothica 34 (7th c.) describes an emancipation. The text suggests that sons of Romans had an expectation to be released in this way from the paternal power when they reached the age of majority. Emancipation was specifically dealt with in their law, the Lex Romana Visigothorum. Some of these do not figure in Justinian's Code. They might fit the gap, otherwise filled by excerpts from the Theodosian Code, which, however, C. 8,48,6 of 531 would have made outdated. Form. 34 treats the emancipation as a rite de passage. As such it would have accommodated those peoples, made Roman in 212, whose children normally reached majority at a certain age but now were subjected to the Roman patria potestas-system. In this way the old situation would be restored within the Roman setting. Two Theodosian constitutions indicate indeed such a general use.