Libral act

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Libral acts are a group of legal transactions under Roman law . These are business per aes et libram , by copper and scales . The legal figure of the libral act comes from the early Roman period and is mentioned in the Twelve Tables law (Plate VI). Not a monetary currency, but copper bars were used for payment transactions. But marriages were also entered into through libral act.

Property law

In the case of the libral files, the bar money is allocated to the opponent in front of at least five witnesses, all Roman citizens , as well as the balance holder ( libripens ), also Roman citizens. In the pre-classical period, the libral files were probably a real exchange transaction, but they were formalized early on by replacing the actual purchase price with a symbolic piece of copper.

Family law

Due to his position as head of the family, the pater familias had special power over all family members and the wife ( uxor ). The marriage took place in such a way that she left the violent relationship of the father and switched to that of the future husband ( conventio in manum ). In the libral act, the future husband places a symbolic "purchase price" on the scales of the libripa, the pater familias of the bride then surrenders his manus to the groom. This so-called “ purchase marriage ” was probably actually carried out as a purchase in the early Roman period. In some cases it is also assumed that this legal transaction (the coemptio ) was previously committed through real mancipatio , i.e. the seizure of the woman for “marriage” (so-called “robbery”). So there would be a scientific explanation for the fabulous robbery of the Sabine women . Other libral acts were the nexum and the solutio per aes et libram (also: nexi liberatio ).

In the post-classical period, the importance of libral business declined, only to disappear from legal sources under Justinian .

literature

  • Stephan Meder : Legal history. An introduction (= UTB . 2299). 3rd, revised and expanded edition. Böhlau, Cologne et al. 2008, ISBN 978-3-412-21105-9 .
  • Georg Simmel : Complete Edition. Volume 6: Philosophy of Money (= Suhrkamp-Taschenbuch Wissenschaft. 806). Published by Otthein Rammstedt . 5th edition (in the series). Suhrkamp, ​​Frankfurt am Main 2000, ISBN 3-518-28406-1 .
  • Karl Friedrich Thormann: The double origin of the Mancipatio. A contribution to research into early Roman law taking into account the “nexum” (= Munich contributions to papyrus research and ancient legal history. H. 33, ISSN  0936-3718 ). Beck, Munich 1943, (2nd, revised edition. Ibid 1969).

Individual evidence

  1. ↑ Wolfgang Kunkel , Martin Schermaier : Roman Legal History (= UTB. 2225). 14th, revised edition. Böhlau, Cologne et al. 2005, ISBN 3-412-28305-3 ).