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In Roman law, the term bonus pater familias ("good family father") refers to a standard of care, analogous to that of the reasonable man in the common law. [1] In Spanish law, the term used is a direct translation ("un buen padre de familia"), and used in the Spanish Código Civil. [2] It is also used in Latin American countries. [3]
Ancient predecessors of the reasonable person include the bonus pater familias (the good family father) of ancient Rome, [1] the bonus vir (the good man) and spoudaios (the earnest person) in ancient Greece as well as the geru maa (the silent person) in ancient Egypt. [7]
The pater familias, also written as paterfamilias (pl.: patres familias), [1] was the head of a Roman family. [2] The pater familias was the oldest living male in a household, and could legally exercise autocratic authority over his extended family.
In Roman law, status describes a person's legal status. The individual could be a Roman citizen (status civitatis), unlike foreigners; or he could be free (status libertatis), unlike slaves; or he could have a certain position in a Roman family (status familiae) either as head of the family (pater familias), or as a lower member (filii familias).
The pledgor was liable for damage done by his thing deposited, if he acted without the care of a bonus paterfamilias. If the pledgee fell short of the expected standard, the contract was terminated immediately. The pledgee could claim for expenses incurred in maintaining the thing (such as an animal or slave). [16]
Derived from the phrase pater familias, an Old Latin expression preserving the archaic -as ending for the genitive case. Pater Omnipotens: Father Almighty: A more direct translation would be "omnipotent father". Pater Patriae: father of the nation: A Latin honorific meaning "Father of the Country", or more literally, "Father of the Fatherland ...
Additionally, adult sons would often marry and continue to live in the family household under their pater familias until their father died and they took over the responsibility of pater familias. [2] The pater familias could also perform an emancipatio (emancipation) ritual – a process that set the son free, three times in a row – to grant ...
A pater who had no sons might adopt his daughter's husband to strengthen family lineage, but to avoid technical incest, he would first need to emancipate his daughter so that she was no longer legally a part of the family – the adoption would otherwise create a brother-sister relationship that Roman law regarded as consanguines, the same as ...