About Engagement ("Sponsalia"). From "Jus Romanum" to "Jus Civile" of Romania

Cătălina Mititelu

doi:10.47577/tssj.v29i1.6000

Abstract

So far, in the Romanian specialized literature, we notice few and inconsistent papers on engagement, hence the precariousness of the studies on the legal status of the two forms of engagement, civil and religious. Therefore, in the pages of our paper we have chosen to present this legal institution both in terms of the legislation and the doctrine of (Old and New) Roman Law, and of "Jus civile" (civil law) and "Jus nomocanonicum" (ecclesiastical law), i.e., The (Byzantine) state law, whose Collections of Laws reserved a special place not only to the institution of civil engagement, but also to the religious one. This approach to our first-hand documentary research in both laws (utriusque juris), i.e., civil and religious, has given us the opportunity to give some considerations and make pertinent assessments regarding some Latin and Greek legislative texts, out of the desire to provide readers with a reference study on both forms of engagement, i.e., civil and religious.

Highlights

In the Roman Empire, marriage was preceded by the "Sponsalia" (Engagement), by which the future spouses promised each other to live together for life
From the legislation of the same Roman emperors, we discover the fact that, with the engagement, the parties were informed about the legal effects that it produced
We find the institution of engagement provided in the nomocanonical Law, as for example in the "Pravila Mare" which refers expressly to the "betrothed" ("Pravila Mare", chapter 212, sub-chapter 9) [15]; to the "engagement advances" [15]; to the "gifts" of an engagement concluded "according to the custom"; to the "holy prayers" without which "no lawful engagements were carried out" [15]; to the dissolving of the engagement that did not conclude "lawfully" [15], that is, in accordance with the law which provided for the obligation - of the priest to read some "special engagement prayers" [15]

Summary

Introduction

In the Roman Empire, marriage (nuptia-ae or matrimonium-i) was preceded by the "Sponsalia" (Engagement), by which the future spouses promised (pledged) each other to live together for life.

Results

Conclusion