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Noxae Deditio

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Chapter Summary

This chapter presents a text that concerns the noxae deditio of a filius familias and discusses the way in which it had to be carried out. According to Gaius, the surrender of a son took place by way of a mancipatio. Gaius mentioned both the argument in support of the Proculian view and that in support of the Sabinian view. The Proculians maintained that, in case of a noxae deditio of a filius familias, three mancipationes were necessary. The Proculians argued that the rule from the Twelve Tables was not only the legal basis for emancipatio and adoptio, but also for noxae deditio. The Sabinians acknowledged that the rule from the Twelve Tables was the legal basis for emancipatio and adoptio and that, in these cases, three mancipationes were required to extinguish the patria potestas.

Keywords: Gaius; Law of the Twelve Tables; mancipationes; noxae deditio; Proculians; Sabinians

10.1163/ej.9789004187740.i-358.117
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