Conubium e iustae nuptiae

Starting from the description of the conubium offered by the Tituli ex corpore Ulpiani (5.2), the author argues that the opinion according to which this institute, understood as uxoris iure ducendi facultas, would have lost its original meaning in the postclassical and Justinian era, in connection with the development of the Christian ideas that influenced the imperial legislation, should be reviewed. In fact, she believes that the importance of the conubium has already declined in the classical era, starting from the second century. A.D. This would be demonstrated by some measures taken by Hadrian, of which the jurist Gaius informs us, as well as other measures taken by the Severi and followed by the jurisprudence of the time. The synonymous use of the two words: conubium and matrimonium, would also be linked to the development of the autonomous category of ius naturale, based on which marriage, seen as coniunctio maris atque feminae, would have united all human beings, without any distinction.