- By death
Death of a paterfamilias ended his potestas. Where a father died, those in his power became sui iuris; where a grandfather died, unemancipated grandchildren became sui iuris only where they did not fall, as a result, into the potestas of their father.
- By variations in status
+ Where the paterfamilias or son was reduced to slavery patria potestas came to an end.
+ Where a daughter passed into the manus of her husband, she passed from the potestas exercised by the head of her family.
+ On the adrogation of a paterfamilias, his potestas over his children ended.
+ The adoption of a child (except in the case of adoptio minus plena ended the potestas exercised over him by the head of the family which he was leaving.
+ Emancipation of the child ended patria potestas.
Note:
Constantine allowed the revocation of emancipation in the case of gross ingratitude by the emancipated child.
Father and emancipated son had a reciprocal duty of support in the case of poverty.
- By attainment of an eminent dignity by the child in power
Patria potestas over a child ended when he became, for example, a flamen Dialis (priest of Jupiter) or when the daughter became a virgo Vestalis (attendant at the shrine of Vesta), or, in the time of Justinian, when the son attained the consulship or the patriciate (counsellors to the Emperor), or became a bishop.
Note:
A father who exercised potestas over his son might, nevertheless, serve under him, e.g. on military service.
The expulsion of a child from the father's house as a punishment did not bring potestas to an end.
The potestas of a father over his children did not end as a result of captivity. When he came back from captivity in a foreign country the potestas was renewed by ius postliminii.
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Source:
Roman Law, L. B. Curzon, pages 37 - 38.
