History, meaning and social and juridical usefulness of the adrogatio and the adoptio in Rome

Abstract

Roman adoption is the antecedent of our current normative system. Both adoptio and adrogatio allowed someone to artificially form part of the domus of the adopter under the potestas of a new paterfamilias with the purpose or social function of securing the cult of the manes gods. Progressively, adoption became
widespread in social customs and became a tool to ascend the social ladder, acquire inheritance, evade certain exclusions imposed by legislation, exchange surplus children among different family groups, establish personal alliances, of kinship and of inter-familial dynastic solidarity, and of designating a political successor under the election of the optimus (chief emperors and emperors of the Roman nobilitas). During the Justinian reign, the family structure is transformed and the adoptio is subdivided into two modalities: adoptio plena and adoptio minus plena.

Keywords: Adoptio; Adrogatio; Paterfamilias; Patria Potestas; Homo alieni iuris; Adoptio naturam imitatur; Princeps Optimus; Justiniano; Mancipatio.