Chapter Summary
The central figure in the Roman family was the paterfamilias. A person's paterfamilias was his or her oldest agnatic ascendant (i.e. ascendant in the male line). The power (potestas} of a paterfamilias over the persons and property of agnatic descendants (including adoptive descendants) was initially absolute, and remained extensive through the whole Roman period.
For example, although certain exceptions to this principle were created, the rule was that a person subject topotestas (afiliusfamilias) was incapable of owning property. In much the same way as with a slave, though, a filiusfamilias could hold a peculium, a fund of money or property that was treated as thefiliusfamilias'' own.The law also had to deal with the issue of persons with no paterfamilias, but who were nonetheless in need of protection. A person below puberty who did not have a paterfamilias (i.e. who was sui iuris) would have a guardian (tutor) to manage his or her property and approve transactions. This arrangement normally continued for life with women, though with a diminished role for the guardian. Finally, for sui iuris individuals up to the age of twenty-five, protections were introduced for their inexperience, and it became normal for such a person to appoint a curator to act as an external check on the reasonableness of transactions.
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