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Capitis deminutio or capitis diminutio (diminished capacity) is a term used in Roman law, referring to the extinguishing, either in whole or in part, of a person's former status and legal capacity. There were three changes of state or condition attended with different consequences: maxima , media , and minima .
Adherents to the theory spell the term "Capitis Diminutio", and claim that capitis diminutio maxima (meaning, in Roman law, the loss of liberty, citizenship, and family) was represented by an individual's name being written in capital letters, hence the idea of individuals having a separate legal personality. [12]
This change of status, known as capitis diminutio minima, [6] conferred on the wife the title of materfamilias. [6] The wife in a cum manu marriage held no proprietary capacity, meaning she could not own any property.
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