Principles of Relationship

Roman conception of a family was not always the same. According to the Jus Civile the constitution of a family was determined by a peculiar principle of relationship known as agnation; in the final stage of Roman law it was determined by a wholly different principle known as cognation. We shall consider first the earlier form, or the agnatic family of the Jus Civile.

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Rights and Duties of Parties

It was the duty of the landlord (locator) to deliver the property to the tenant (conductor) and to permit him to keep it for the time agreed upon. If the tenant was deprived of the property before the termination of his lease in consequence of the landlord's fault, the latter had to pay him full compensation (id quod interest). But if the landlord was not in fault, the tenant was entitled only to a remission of the rent. Thus, if a farm let to a tenant was confiscated, or a house burned, the tenant was entitled simply to remission of the rent. So in case of a chattel, if it was carried off by robbers, the hirer was released from payment for the unexpired term of the contract. If the lessor of a house determined to pull it down and rebuild it during the term, he had to pay the lessee compensation if the rebuilding was unnecessary, but if necessary, he was required simply to allow a remission of the rent. The landlord was also required to keep the property in good order...
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Duties of Mandatary

The person requested was not bound to accept the mandate, but if he accepted it, he was bound to do what he had promised, or give it up in time to enable the mandator to act himself or get some one else. Otherwise, he would be liable to the mandator unless his failure to renounce was for some good reason, as sudden illness, a necessary journey, bad feeling between the parties, the mandator's insolvency, etc. Even though he had accepted the mandate he might renounce it, if done seasonably, provided the mandate was gratuitous. If a consideration was to be paid, the mandatary could not renounce without liability for damages. If no damage resulted there was no liability. In executing the commission given him, the mandatary was required to conform at least substantially to its terms, and to act honestly, and with as much care as a good paterfamilias . For failure in these respects he was liable to an action for damages by the mandator (actio mandati directa). He was not ...
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Modes of Arrogation

There were two forms of arrogation, both public in character, (a) The ancient form, which required a preliminary investigation by the pontiffs and a decree of the comitia curiata. The adoption of a person sui juris (himself, if a male, a paterfmndHas) involved the extinction of a paternal power, which was regarded as a matter of public concern. Hence the public character of the act by which the adoption was effected. And no one could be arrogated who was not eligible to membership in the comitia, and so able to give his consent in the curiata. Hence, no woman, peregrinus, slave or (originally) person under puberty could be arrogated. The arrogator must be married and over sixty years of age, unless because of ill health or other reason he would probably die childless. And since the object of arrogation was simply to supply an heir, only a man without legitimate child could arrogate, and he could not arrogate more than one person. This mode of arrogation continued in ...
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