Roman law has protected minors since the XII Tables, identifying various subjects as guardians and assigning them specific responsibilities. However, it only recognized the widowed mother as a guardian in the context of several centuries of evolution. Among the notable texts of this evolution is NTh. 11 de tutoribus (10 July 439, Theodosius II). The paper analyzes this novel considering the history of the institution of guardianship, the doctrine regarding specific aspects, and proposing some considerations about the production of law, the normative difference in the two parts of the empire, Patristics and its influence on the imperial legislation, and the figure of women in the later roman empire.
Moderamen in legibus. Uno studio di NTh. 11 de tutoribus
Ulrico Agnati
2025
Abstract
Roman law has protected minors since the XII Tables, identifying various subjects as guardians and assigning them specific responsibilities. However, it only recognized the widowed mother as a guardian in the context of several centuries of evolution. Among the notable texts of this evolution is NTh. 11 de tutoribus (10 July 439, Theodosius II). The paper analyzes this novel considering the history of the institution of guardianship, the doctrine regarding specific aspects, and proposing some considerations about the production of law, the normative difference in the two parts of the empire, Patristics and its influence on the imperial legislation, and the figure of women in the later roman empire.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
