Lex Iulia and Papia

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Lex Iulia et Papia is the collective name for two Roman laws from the time of Augustus on Roman marriage law . The “Augustan marriage laws” are also widely spoken of.

In the 18 BC The lex Iulia de maritandis ordinibus issued by Augustus ordered that , in order to improve general moral standards and to combat childlessness, only marriages in line with their status were allowed. Certain marriages were also banned. Disapproved marriages were not void, only certain legal consequences did not arise.

On July 1, 9 AD, the lex Papia Poppaea (so named after the applicants Marcus Papius Mutilus and Quintus Poppaeus Secundus ) was added, with which a marriage obligation was decreed for all Roman citizens of marriageable age. Anyone who was unmarried lost the right to inheritance, and childless married couples lost the right to half of an inheritance. Couples, on the other hand, who had a certain number of children were promoted through privileges ( three- child right , ius trium liberorum ). Furthermore, with a large number of children one got easier access to the offices. Women who had three children ( freedmen four children) were also exempted from guardianship ( tutela mulierum ).

In the digest , Ulpian's commentary on Augustan marriage laws reveals that the princeps himself is not bound by the laws ( princeps legibus solutus est ). The site gained importance in legal historical research in connection with the reception of Roman legal ideas at the time of absolutism in the Old Kingdom .

Even in antiquity it was no longer clear which regulation belonged to which of the two laws, which is why both laws were simply combined into lex Iulia et Papia ( Institutiones des Gaius ) or lex Iulia miscella ( Codex Iustinianus ). Although Augustus found that the laws failed to achieve their goal, they were not repealed until 531/534.


Individual evidence

  1. = prohibition unable adverse Away : Sueton , Augustus 34; Cassius Dio , Roman History 54:16.
  2. Max Kaser : About prohibition laws and illegal business in Roman law . Verlag der Österreichischen Akademie der Wissenschaften (Philosophical-Historical Class, Meeting Reports Volume 312), Vienna 1977, p. 33.
  3. The year secured by the Ludi saeculares, CIL 6, 32323 p. 3228 l, 54 ff.
  4. CIL 10, 6639 ; Cassius Dio, Roman History 56.3.
  5. Dig. 1.3.31.
  6. Uwe Wesel : History of the law. From the early forms to the present . 3rd revised and expanded edition. Beck, Munich 2006, ISBN 3-406-47543-4 . Marg. 243.
  7. Gai. Inst. 1,145; 1.194
  8. Cod. Iust. 6,40,2; 6.40.3