SOME REASONS THAT LIMIT THE CAPACITY TO HAVE RIGHTS IN ROMAN LAW

A) EMANCIPATION(Libertinus): This is the situation of freed slaves. Freedmen could not become members of the senate and could not enter the knight class. In the time of Emperor Augustus, the freedmen were forbidden to marry their compatriots, and likewise, the freedmen had obligations to their former masters. Nevertheless, in some special cases, slaves could gain the status of innate freedom.

B) INFAMIA(DISHONOR): Dishonor is the loss of a person’s dignity in society. These people would be deprived of public services and their rights such as choosing and being elected would be taken away. Over time, they were forbidden to apply to judicial authorities and file a lawsuit here, and they were not listened to as witnesses either. Those who were dismissed from military service, engaged in usury or performed immoral professions were included in them.

C) RELIGION: Since Christianity was spread in Rome and the state religion was accepted, the rights of people who had converted from religion or other religions had been restricted.

D) CLASSES: Having some classes or professions also led to some restrictions. For example, the plebeians could not marry the particians. In the same way, some rights of some public servants could be restricted or some rights could be gained. In the same way, people called Colonus, whom we can call a land slave, had no right to leave the land, they were bought and sold together with the land.

E) GENDER: Women were not given any rights in the field of public law. In the field of private law, his rights were limited. Women’s transactions related to mameluke could also be made through a representative. This would also be a guardian or a family man.