Roman Law and the Legal World of the Romans

Women and Property

his power to prevent the woman from making a will, then he would eventually inherit from her because she would die intestate, and by definition he was at the top of the eligibility list for her estate. From the Roman point of view this seems to have been a desirable outcome because it kept property “in the family.” Over time, there was a trend toward reducing what author ity the guardian did have. First, it was not uncommon for a woman to have a guardian over whom she had some other form of leverage, say, a freedman who owed her deference. Second, the ability to choose a tutor, and especially to do so repeatedly, meant that uncooperative guardians could be removed. Short of this, magistrates could step in on an “emergency” basis if a woman’s guardian was unavailable. This seems to have become routine, even in cases in which the tutor was simply unwilling rather than unable.

Dowry

Husbands and wives theoretically did not give gifts within the marriage, but it was conventional to begin the relationship with a substantial transfer from the wife (or her family or friends) to the husband. This seems to have been a larger gift than we would expect of a “wedding present” but typically less than the bride’s eventual full inheritance. While the law did not require dowry at all, there were many rules about how it was to be treated when it was given. A dowry could be composed

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