The relationship between mother and children and its juridical nature, from roman law to romanistic tradition

Abstract

The following pages form a textual commentary on different rules and regulations about the legal recognition of relationship between mother and children, which is, first of all, referred to the direct and natural bonds of blood. The commentary begins with the problem of the justinianic interpolations and critical research for genuineness concerning the maternal guardianship. In the second place, the study shows the importance of the legal development in the late empire up to Justinian and the codification of Roman law in the Germanic kingdoms on western roman soil, during the period of the dominance of vulgar law. Finally, it is deemed the dual aspect and the contrast between ius proprium and ius commune in the Middle Ages..