The origin of the paterfamilias powers, ii: paterfamilias and manus

Abstract

This paper is about the manus and tries to determine if it has a facultative content analogous to patria potestas or not. It starts trying to clarify the relation that exists between manus and marriage. For this, we develop the different ways the woman has to enter into the manus of the husband. Then we study the historical cases in the archaic age of marriages where the woman has not entered into the manus of the husband. Following, we enter into the relation between manus and patria potestas, comparing the content of both institutions. The powers of the husband and the historical cases available where the husband had sanctioned the woman are studied, especially in ius necandi, ius vendendi and ius in noxa dandi.