- Lack of rights
Since the slave possessed one of the tria capita –familia, civitas, libetas– he lacked legal rights.
Because he had no property rights, that which he acquired went to his master. But a master could allow his slave a peculium (a small amount of private property) which was looked upon (but not recognised by law) as being the slave's property, although the master could retake it at any time. A slave was allowed to make a loan to a person, but, in such a case, the slave's master became the creditor. A slave might act as his master's representative in certain transactions and, in such a case, Praetorian actiones adjecticiae qualitatis –actions of a supplementary nature– were available against the master in respect of the slave's obligations. Slaves who traded by using their peculium were allowed administratio peculii: they could sell, pledge, pay debts, but could not make gifts with it.
In some cases a master could enforce an agreement of a contractual nature made by his slave.
With very few exceptions no slave could be a party to civil actions.
- Subject to his master
In the early law the slave was subject to vitae necisque potestas (the power of life and death) exercised by his master. For modifications to this absolute power.
Noxal surrender of slaves by their masters could be made following an actio noxalis.
Note: During the Empire many slaves were given work of responsability to the State. They were known as Servi Publici Populi Romani and were given certain privileges, e.g. the right to dispose by will of one-half of peculium.
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- Slavery in Roman Law
+ Slavery (I): Its nature
+ Slavery (III): Causes of enslavement
+ Slavery (IV): Protection of the slave
+ Slavery (V): Termination of enslavement
+ Slavery (VI): Quasi-servility
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Source:
Roman Law, L. B. Curzon, pages 59 - 60.
