The Influence of Ancient Georgian-Roman Law on The Modern Institution of Marriage
DOI:
https://doi.org/10.31150/ajshr.v6i6.3676Keywords:
Ancient Roman Law, Georgian Law, The Institution of Marriage, The Rights of Spouses, The Obligations of SpousesAbstract
As is known, marriage is the basis for creating a family. This institution has undergone centuries of development to its current form. Over time, the institution of marriage, both in Roman and Georgian law, has undergone changes. However, it has always been believed that the family is a complex social phenomenon and is to one degree or another connected with the existing socio-economic or political system in society. In ancient Roman and Georgian law, the institution of marriage was initially regulated by customary law, but as a result of the spread of the Christian religion, religious norms were established that gradually replaced pagan customs and clarified the rules prohibiting marriage in the case of kinship. Along with the development of society, there was a need to establish legal norms in parallel with customary and religious law. It should be noted that Roman law provides much more and more accurate information about marriage. In addition, Roman law imposed stricter requirements on the institution in question than in Georgia. However, both under Roman and ancient Georgian law, the lack of consent to marriage was considered a circumstance excluding marriage. A comparison of ancient Roman and Georgian law allows us to determine what influence modern Georgian marriage law has had. Accordingly, the purpose of the work is to compare the legal norms and customs of marriage. The institution of marriage is still undergoing changes, so the issue does not lose its relevance. In modern reality, the norms established by custom are gradually being replaced by rules determined by legislation, which detail both the prerequisites for marriage, and the rights and obligations of spouses.
References
Khoperia M., Rules of Family Divorce According to Ancient Georgian Law, Dissertation submitted for the academic degree of Doctor of Law, Ivane Javakhishvili Tbilisi State University, Faculty of Law, 2016, https://shorturl.at/vQRcf;
Tarkashvili N., Obstacles to Christian (Orthodox) Marriage, Circumstances and Rights and Obligations of Divorcees According to the Book “Church Law” by Dean Tsipin [Gender Issues in Georgia],– International Center for Women’s Education and Information, –Tbilisi,– 2002;
Qamadadze D., Ancient Wedding Traditions in Georgia - Where Does the Term “Marriage” Come From and What Did Georgian Brides Bring as a Dowry;
Metreveli V., History of Georgian Law, Tbilisi 2003;
Dolidze I., Monuments of Georgian Law, Volume I, Tbilisi 1963;
Nadareishvili G., Ancient Georgian Family Law, Tbilisi 1974;
Javakhishvili I., Works, Vol. VI;
Dictionary-Reference of Social and Political Terms / [Ed.: Group: Eduard Kodua et al.; Publisher: Lasha Beraia] - Tbilisi: Logos Press, 2004;
Nozadze T., Wedding Traditions in Ancient Georgia, Pulpit, 25.05.2011, https://shorturl.at/AYIUn;
Shoshiashvili L., The Institute of Marriage in Roman and Ancient Georgian Law, Tbilisi 2003;
Kantaria B., History of Georgian Law, Tbilisi 2011;
Bekaia M., The Importance of Family and Marriage Traditions for the Strength of the Modern Georgian Family, Tbilisi 1981;
Surguladze I., Sources of the History of Georgian Law, Tbilisi 2002;
Metreveli V., Roman Law (Fundamentals), Tbilisi 2009;
Nadareishvili G., From the History of Georgian Family Law, Tbilisi 1965;
Merkviladze I., Short Dictionary of Gender Terms, Tbilisi, 2003;
Constitution of Georgia | LEPL “Georgian Legislative Herald”, https://shorturl.at/Kpef2
International and National Mechanisms for the Protection of Women’s Rights, [Center for the Protection of Constitutional Rights] - Tbilisi, -2005;
Florentius, Digests, Book 23, Title 1;
Juliane, Digests, Book 23;
Campaign for the Promotion of Women in Politics and the Skills of a Politician. – [Guidebook International Center for Women’s Education and Information]. – Tbilisi. – 2006
Concubinage, Dictionary of Foreign Words, Library of the Parliament of Georgia, https://shorturl.at/BELUG
24. Morgan L. Ancient society, M., 1934.;
Digeste ou Pandectes, Livre Cinquantième, 16.195.1, Paris, 1995;
Four types of marriage under roman law, John Maccarthur;
Crossman, Ashley. "The Definition of Marriage in Sociology." ThoughtCo, Feb. 11, 2020, thoughtco.com/marriage-3026396;
Bruce W. Frier and Thomas A.J. McGinn, A Casebook on Roman Family Law, Oxford University Press, 2004, http://gil.mylaw.ge/ka/term/1514.html 28;
Rawson, "The Roman Family";
The Roman Empire: in the First Century. The Roman Empire. Life In Roman Times. Weddings, Marriages & Divorce | PBS;
Karen K. Hersch (24 May 2010). The Roman Wedding: Ritual and Meaning in Antiquity
Chisholm, Hugh, ed. (1911). "Confarreatio’’;
Goran Lind (23 July 2008). Common Law Marriage : A Legal Institution for Cohabitation: A Legal Institution for Cohabitation. Oxford University Press, USA.;
Kurt A. Raaflaub (15 April 2008). Social Struggles in Archaic Rome: New Perspectives on the Conflict of the Orders. John Wiley & Sons;
Treggiari, Susan (1991). Roman Marriage. New York: Oxford University Press;
Orr, D. G., Roman domestic religion: the evidence of the household shrines, pp. 15-16 in Aufstieg und Niedergang der römischen Welt;
Wiesner, Merry E. “The Family” Gender in History: Global Perspectives, 2nd Edition, John Wiley & Sons, Ltd., 2011;
Frier and McGinn, Casebook.
