Senatus consultum Macedonianum

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The Senatus consultum Macedonianum is a decision of the Roman Senate issued under Vespasian in the first century AD . Dieter Medicus suspects that it was issued in AD 47.

The legal act stipulated that no loans could be made to house sons. Background of Konsults that members of the was head of the family subjugated House Association regularly while legally competent , but not before the law was. In addition, they were regularly without assets. The resolution was intended to prevent creditors and debtors alike from speculating on the perpetrator's death because the house child would then be able to repay the loan after the master's death. According to tradition, the decision followed a current occasion; a house son had killed his father because he had been harassed by his own creditors.

Violations were punished in such a way that the loan did not have to be repaid even after the death of the landlord. The main focus was not on protecting the son of the house from being overreached, but rather on protecting the landlords themselves, who would otherwise have had to fight off intrusive creditors. Exceptions were dowry orders from the son of the house. If he did this for his daughter, it was outside the scope of the rule if the landlord could not be reached in time (idea of ​​the "favor dotis" = priority of dowry ). If the violation of the norm had to be proven by the judex , the praetor gave the exceptio SCti. Macedoniani (in the form of an objection).

At almost the same time, another ban was issued, the Senatus Consultum Velleianum . This prohibition also regulated economic family matters. In the context of the SC Velleianum, the courts were urged not to admit any negotiations that had claims against women as their subject matter if these resulted from liabilities that served to secure claims against husbands.

According to the research of Ernst Levy and Max Kaser , house sons in late antiquity were allowed to have limited independence in the exercise of loan transactions . Kaser even classifies the SC Macedonianum as a lex imperfecta , because the Senate was content with a prohibition and did not impose any sanctions beyond the regulation on repayment obligations.

With reference to a pomponous passage in the Justinian digests , Kaser points to the increasing importance of Senate consuls . He believes that he can state that the leges , which were so important from republican times , and the question of the enforceability of Senatus consoles ( legis vicem optinere ) was discussed in a very contentious manner , and functionally ultimately pushed back. Under Hadrian , Senatus consuls could even intervene in the Twelve Tables legislation ( SC Tertullianum ).

literature

  • Stephan Wagner: Intercession of close relatives: an investigation from a historical and comparative perspective . (Habilitation thesis, University of Regensburg, 2016). Tübingen: Mohr Siebeck, [2018]. ISBN 978-3-1615-5450-6 .

Historical dissertations

  • Albrecht Friedrich von Lempp : Observationes ad Senatus Consultum Macedonianum, respectu habito ad novum Codicem Borussicum . (Dissertation at the University of Stuttgart 1789). Stuttgardiae: Typis Academicis, 1789.
  • Bernhard Heinrich Reinold, Johann Conrad Lang: Dissertatio Ivridica Inavgvralis Ad Senatvs-Consvltvm Macedonianvm = Roman council on loans to underage persons and persons under paternal authority . (Dissertation at the University of Frankfurt / Oder 1717). Halae Magdebvrgicae: Sympherus, 1740.

Remarks

  1. ↑ Dieter Medicus : On the correction of the judgment in the actio iudicati of the form process. In: Journal of the Savigny Foundation for Legal History . Romance Department. Vol. 81, 1964, pp. 233-292, here pp. 244 ff., Doi : 10.7767 / zrgra.1964.81.1.233 ; also: David Daube : Did Macedo murder his father? In: Journal of the Savigny Foundation for Legal History. Romance Department. Vol. 65, 1947, pp. 261-311, here pp. 308 ff., Doi : 10.7767 / zrgra.1964.81.1.233 .
  2. ↑ Jakob Fortunat Stagl: Favor dotis. The privilege of the dowry in the system of Roman law (= research on Roman law. 53). Böhlau, Vienna a. a. 2009, ISBN 978-3-205-78328-2 , p. 193.
  3. ^ Jan Dirk Harke : Roman law. From the classical period to the modern codifications (= outline of the law. ). Beck, Munich 2008, ISBN 978-3-406-57405-4 , pp. 75-79, § 6 no. 4-10.
  4. ^ Gustav Dietzel: The Senatus consultum Macedonianum. A civilist monograph. Hirzel, Leipzig 1856, p. 16 ( digitized version ).
  5. ^ Heinrich Honsell : Roman law. 5th, supplemented edition. Springer, Berlin et al. 2001, ISBN 3-540-42455-5 , p. 119.
  6. ^ Max Kaser : Roman private law (= short textbooks for legal studies. ). Continued by Rolf Knütel . 18th, revised and expanded edition. Beck, Munich 2005, ISBN 3-406-53886-X , I 532.
  7. ↑ Ulpian , Digest 14,6,7,2.
  8. ↑ a b Ulpian, Digest 14,6,1 pr.
  9. ↑ Dieter Medicus: On the history of the Senatus Consultum Velleianum (= research on Roman law. 8, ZDB -ID 503908-3 ). Böhlau, Graz et al. 1957, (at the same time: Münster, university, dissertation, 1956).
  10. ^ Ernst Levy : Western Roman Vulgar Law. The law of obligations (= research on Roman law. 7). Böhlau, Weimar 1956, pp. 70 ff. (72); Max Kaser: The Roman private law (= handbook of ancient studies . Dept. 10: Legal history of ancient times. Part 3, Vol. 3). Section 1: Ancient Roman, Pre-Classical and Classical Law. 2nd, revised edition. Beck, Munich 1971, ISBN 3-406-01406-2 , p. 607 and section 2: The post-classical developments. 2nd, revised edition with supplements to the 1st section. Beck, Munich 1975, ISBN 3-406-01429-1 , pp. 100 ff. (102 ff.), 106, 113, 125.
  11. ↑ Max Kaser: About prohibition laws and illegal business in Roman law (= Austrian Academy of Sciences. Philosophical-Historical Class. Meeting reports. 312). Publishing house of the Austrian Academy of Sciences, Vienna 1977, ISBN 3-7001-0171-6 , p. 31.
  12. ↑ Pomponius , Digest 1,2,2,9.
  13. ↑ Max Kaser: On the problem of Roman legal sources. In: Max Kaser: Roman legal sources and applied legal method. Selected, partly fundamentally renewed treatises (= research on Roman law. 36). Böhlau, Vienna et al. 1986, ISBN 3-205-05001-0 , pp. 9–41, here pp. 16 f. (with reference to sources of the high and late classics Gaius and Ulpian ).