LA PRAXIS DEL BENEFICIUM CONDEMNATIONIS EN EL ENTORNO OBLIGACIONAL DE LA FAMILIA ROMANA

In the Roman civil procedure per formulas, it was admitted that certain debtors were condemned to pay their debts to the limit of their possibilities, with the obligation to complete what was due as soon as their economic situation improves. Among these debtors were the emancipated filius, disinherited or who abstained himself from inheritance, at the demand of the creditors to whom they were bound ex contractu when they were subject to paternal authority. Likewise, the pater familias and the patronus, before the claim of the emancipated filius and the libertus, respectively. Therefore, the aim of this research is to show the praxis of the beneficium condemnationis in the Roman family obligatory environment, highlighting the reasons and principles that were at the basis of its concession, such as aequitas, reverentia or gratitude. In order to do so, some parameters that allowed the iudex proceed to determine the quantum condemnationis will be considered and the posible application to analyzed cases.