Illegal marriages, inexisting or null, from the marriage legislation from Augusto until Constantino I

Abstract

With this research we have analyzed the importance of matrimonial laws promulgated by emperor Augustus, his idea of romanity, as well as the subsequent post-classical evolution already with Constantine I. In this sense, it has been demonstrated how both the Lex Iulia de maritandis ordinibus and the Lex Papia Poppaea nuptialis formed a single text called Lex Iulia et Papia Poppaea whose purpose was the Restoration of the family on the basis of traditions to develop a policy that favored lawfully contracted unions and procreation. This will lead us to repair illegal roman marriages, that is, those marital unions lacking conubium and, therefore, did not produce legal effects and were considered as a matrimonium iniustum. Finally, we have preferred to differentiate between non-existent iniustum marriages and null or ineffective marriages because they present different assumptions and in the sources there is no clear differentiation.