alieni juris


Alieni iuris is a term that derives from Latin, which in our language could be translated as “without right” or specifically “under the right of another.” The alieni iuris is a qualification of Roman law, which is used to refer to those people who are under the domain, subjection, yoke or possession of another; that is, it is the individual who is subjected, subject or repressed to the parental authority or power of another. Differentiating itself from this qualification is the term sui iuris or proper right, a denomination that was granted to people, mostly male, to describe that they possessed full legal capacity, and that they also enjoyed a series of powers that people adjudicated with the alieni iuris no.

This was a phenomenon that occurred in Roman families, with the purpose of qualifying the members that comprised it. and those people who were subject under the mandate of sui iuris, or family power, regardless of age or sex, were called alieni iuris, encompassing the filiusfamilias, whose name was given to the legitimate or adoptive descendant of the so-called existing paterfamilias . The woman who was subject to the mandate of her own husband or that of the pater, in addition to the person “in causa mancipi”, who was that character who enjoyed full freedom given in noxa for the faults committed, or in guarantee of the responsibilities of the paterfamilias on whom he depended.

People with the title of alieni iuris had a restricted capacity in terms of the situation of dependency that was found on the pater. Therefore, the filii, who were the biological, adopted and slave children, were not allowed to marry without obtaining the authorization of the head of the family or pater; In addition, regarding their patrimonial situation, they had a status similar to that of slaves, since what they acquired was annexed to the pater’s patrimony.