Roma Hukukunda manus kurumu
Abstract
Roman family, based upon the paterfamilias and patria potestas institutions, is the most important unit that the Roman society is constructed on. In this community, paterfamilias has absolute power over any persons and property belonging to the family. Manus, is an instrument to get included to a family, as well as birth and adoption. There are three procedures to establish manus on uxor. Usus, the former one, is the way to make uxor come under manus through a kind of usucapio. Confarreatio, the other procedure for the establishment of manus on uxor, is a religious ceremony. Finally, coemptio, is an imaginary sale of women, and it was used both for the establishment of manus and to make women enable to change their guardian. Manus was obligatory for women to have legal connections with their husbands and their own children. Besides, to be able to take some important offices, it was obligatory to get married with the establishment of manus through confarreatio and to be born within this kind of marriages. In addition to these motives, some advantages that manus provides to the women were effective on the establishment of manus on women, too. With the establishment of manus, all kinships of uxor with her own family expire, she gets entirely included to the family of her husband and thus, becomes 107 related to her own children and the family that she has entered into; and takes the family name of her husband. Subsequently, woman gains the position of her husband's daughter, loses her rights of succession arising from her own family and obtains the rights of succession from her husband's family, within the context of the position that she gains in her new family. In case that the woman is capable of owning property, in other words, sui iuris, when she is subjected to manus, her entire property becomes included to the property of her husband's family, universally. To give an end to the manus over uxor, some transactions, depending on the way that was chosen to establish manus, must be carried out. In case that usus or coemptio is preferred, the transaction required to remove manus is emancipatio. If confarreatio is preferred, to remove manus, diffarreatio, another religious ceremony which is the exact opposite transaction of confarreatio, must be executed. Although there is not any certain and clear information about when that sinemanu marriages appeared and manus became an ancient institution, according to the dominant view of doctrine, manus was less and less used in the Republic, and it was actually not used by the time of Empire. Finally, by the time of Iustinianus, when cognatio became the only kinship accepted by law with legal results, manus, lost all its meaning and importance