Motivi e cause del ripudio: Osservazioni sulle dinamiche familiari tra giurisprudenza classica e legislazione tardoantica

Abstract

The paper considers why one of the spouses ended their marriage. There is a relevant distinction in the legal sources between simple motivation (seldom considered) and causae repudii, typified by the jurists and the legislation. Moreover, in different phases of the evolution of Roman law, the causae played various roles in evaluating the legitimacy and the consequences of the repudium. The legal rules reflect the government’s model of marriage and family and aim to shape social phenomena.