Legal encyclopedia. Letter B

FREEDOMS

- in the Roman law (Ііееріїпі) released by testament or entering into the lists of censure slaves. They represented a category of persons of free status, but differed in their rights from full-fledged Roman citizens.

The position of V. differed depending on the conditions of their former slave status. Released from slavery associated with military captivity, they could never acquire the rights of Roman citizenship. Only those released in freedom in Rome were considered Roman citizens, but not fully-fledged.

B. forever remained carriers of some limited legal capacity.

In the sphere of public law, the restriction of V.'s rights consisted in the fact that they did not serve in the Roman legions, and in the first century. AD Lost the right to participate and vote in the people's congresses, and in this connection the tribe's designation did not appear in the civil name of V., they had no right to hold a position in the magistrates, nor

The right to be included, as well as their children, in the number of senators.

During the period of the empire, restrictions on public rights of V. were strengthened, at the same time there was an institution of appropriation of V. full political capacity by a special decree of the emperor, which informed them full legal capacity in the field of private law or by appropriation of a gold ring by the emperor.

In the law of Justinian, there are no more restrictions on political rights. However, there were restrictions on their legal capacity in the field of private law relations:

The marriages of V. with the persons of the senatorial class were forbidden, as before the first century. Marriages with all the freeborn were forbidden. V. carried a number of personal and property duties, built according to the type of duties of the children in relation to the father who released him from slavery: V. owes his civil life to the master, as a son owes his father his physical life. Hence the patronage relationship between the former mister-patron and his V.-client, relations in which the continued exploitation of the former slave is expressed.

The legal relations that make up

Aggregate patronage, can be reduced to the following groups:

1) the totality of the personal and property, family character of the patron's rights (the right of the home court over the client, etc.);

2) the duty of V. to provide the patron with personal services;

3) mutual obligation to help each other in material need, give alimony.

To this was added the right of the patron to inherit by law after V., who did not leave descending heirs and died without a will.

The patronage relations were reflected in the Civil Code V: he had a name in the proper sense of the word and the name of the family or patron family, indicating the name of the latter in the genitive case as the father's name and turning his former name of slave into a nickname.

The patron lost his rights if he refused V. in alimony, if he initiated a judicial charge against him, threatened with the death penalty, in cases when the patron tried to transfer to another person his right to use the slave for personal use.