CAPACITAS IURIDICA ET CAPACITAS AGENDI OF WOMEN IN ROMAN LAW

Abstract

Law has an important function in realizing women's rights and eliminating inequality betweеn men and
women. Making women more visible in society and recognizing and protecting their rights must be
guaranteed by the rules of law. The situation of women in law is related to all branches of law, not a
single branch. The first examples of women's rights struggles in history started and continued with
radical legal system changes. Law emerged to regulate all kinds of interactions between people in order
to ensure social order. Among all known ancient laws, it is accepted that Roman law is based on private
law. However, with the development and change of the Roman society, the increase in its needs and
experiences, and the development of the understanding of the social state, the rules that would cover
personal rights and freedoms in Roman law naturally remained quite limited compared to today's legal
rules. In this study, in order to understand the legal status of women in Roman Law, we will take a look
at the legal regulations regarding rights and capacity to act, try to clarify the concepts of rights and
capacity to act, and mention whether there are legal restrictions on these two types of capacity and
whether these restrictions change the legal capacity of women.