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Manus marriage : ウィキペディア英語版
Manus marriage

Manus (; ) was an Ancient Roman type of marriage,〔Jane F. Gardner,''Women in Roman Law and Society'',First Midland Book Edition, 1991, 11〕 of which there were two forms: cum manu and sine manu.〔 In a cum manu marriage, the wife was placed under the legal control of the husband.〔〔 In a sine manu marriage, the wife was still under the legal control of her father.〔Marcia L. Colish,''The Stoic Tradition from Antiquity to the Early Middle Ages'', Brill Academic Publishers, 1990, 2 Edition, 383〕
In both cum manu and sine manu marriages, if both the husband and wife were ''alieni iuris'' (persons under ''patria potestas'', that is, under the power of his or her family's ''pater familias'') the marriage could only take place with the approval of both of the ''patres familias''.〔 However, the creation and termination of the marriage somewhat depended on the type of marriage.〔
Initially cum manu was the only form of marriage but in time the cum manu union faded and only sine manu marriage was widely practiced.〔Rena Van den Bergh, "The Role of Education in the Social and Legal Position of Women in Roman Society", 11〕
==Cum manu==
In a cum manu union the wife legally and ritually became a member of her husband's family.〔 She stood under the control of the husband’s ''potestas''〔 or that of his father, and was thus no longer under the control of her father.〔〔Judith P. Hallett and Thoman Van Nortwick,''Compromising Traditions'',Routledge, 1997, 34〕 This change of status was referred to as ''capitis deminutio minima'',〔Susan Treggiari,''Roman Marriage: Iusti Coniuges'',Oxford University Press, 1993, 28〕 and the wife received the title of ''materfamilias'', meaning “mother of the household” - a title reserved only for woman in a cum manu union.〔 Legally the wife was "adopted" by her husband and assumed the status of a daughter in the family.〔 This granted her the same entitlements as the other children family over matters of intestate succession.〔 Therefore, the wife no longer inherited from her father but from her husband.〔 However, the husband held a limited power over her in comparison to his children.〔 For example, the husband did not have the legal right of ''life and death'' the way he would his daughter, or that of ''noxal surrender'' and ''sale''.〔
The wife in a cum manu marriage held no proprietary capacity meaning she could not own any property.〔〔 Everything acquired prior to cum manu was thus transferred into the husband's property or his ''paterfamilias''.〔 During Cicero's time property such as dowry was recognized as distinguishable and therefore recoverable.〔 Liabilities the wife may have acquired before marriage were erased.〔
A widowed or divorced woman would become ''sui iuris''.〔 For a widowed wife two significant benefits came from cum manu marriage: the husband could grant the wife the ability to select her tutor and she was able to create a will.〔Jane F. Gardner,''Women in Roman Law and Society'',First Midland Book Edition, 1991, 12〕
Cum manu (i.e. the woman enters into manus) was procured by one of three ways: Confarreatio, Coemptio and Usus.〔

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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