Saturday 20 February 2016

Marriage (II): Sponsalia

Sponsalia (betrothal) involved an agreement to marry. It usually took the form of a stipulation between the paterfamilias of the bride and the husband, or his paterfamilias.

Sponsalia and Roman Law

- Sponsalia in ancient times


Sponsalia required a promise in the form of a stipulation by the parties mentioned above. Money, which could be recovered if the marriage did not take place, was also promised.

- Sponsalia during the Republic


At a later stage in the Republic, sponsalia no longer involved the penalty above. It was possible to dissolve the sponsalia by a declaration.

- Sponsalia during the later Empire


It became the custom for the bridegroom to give his intended bride a gift (arra sponsalicia) as a guarantee of the betrothal. This had to be returned twofold if the marriage did not take place.

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- Marriage and Roman Law


+ Marriage (I): Its nature

+ Marriage (III): Its requisites

+ Marriage (IV): Laws of Augustus

+ Marriage (V): Forms of marriage

+ Marriage (VI): Concubinage

+ Marriage (VII): Dissolution of marriage

+ Marriage (VIII): Matrimonial property

+ Marriage (IX): Children

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Source:
Roman Law, L. B. Curzon, page 39.