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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The Agnatic Family

The agnatic family was the aggregate of those who are bound together by a common paternal power. Members of the same family were called agnates. Agnates were all those who were subject to the same paternal power, or who would be subject thereto, if the common ancestor or paterfamilias were alive. Agnates might be related to each other by blood, but this was not necessarily the case. They need not be so related, nor were all blood relatives agnates. The agnatic relation was created by any one of the modes by which one may become a member of the agnatic fjmiily. These modes are: Birth Adoption Marriage All legitimate children of a Roman marriage (with manus) became by birth members of their father's agnatic family. So also all legitimate descendants, grandchildren, etc., through the males were likewise agnates. But the children or other descendants of daughters, married with manus, were not members of the same agnatic family to which their mother, or grandmother, e...
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