Nuptias consensus facit?
ISBN : 978 88 99306 00 7
Publisher: Paolo Loffredo Iniziative Editoriali Srl
Nuptias consensus facit? L'istituto del matrimonio nella tradizione giuridica romana, islamica, giudaica e nel diritto delle Comunità cristiane
Marriage is the institution that more than any other allows us to penetrate the juridical, social and religious fabric of a people because, being the most important moment for the formation of the family, it is the key to understanding the mechanisms of functioning. of society and explain its uses and behaviors. Although the foundation of a legitimate marriage is the affectio maritalis in the Romans, whence the famous ulpianus principle nuptias consensus facit, love as the presupposition of consent is born in the Judeo-biblical tradition and is transfused into the Christian one. However, this will not alone be sufficient to establish a valid matrimonial bond, but in the legal traditions of ancient Rome, it requires Judaism, Islam and in a reduced manner of the Christian Communities, the assent of the paterfamilias.