Bona materna and dominium possessionis: dissociation between formal property and actual ownership rights in Constantine’s legislation

The purpose of this paper is to analyze the unique regulations concerning maternal property (bona materna), introduced by Emperor Constantine in the early fourth century. This can be seen as one of the most significant reforms affecting family relationships. For the first time, the absolute authority of the pater familias was weakened to protect the economic interests of descendants alieni iuris. The first section will examine the specific constitutions that established these regulations (CTh. 8, 18, 1-3). The essence of the reform was to enhance the mother’s role in the mortis causa transfer of her property. It allowed direct inheritance between her and her liberi in potestate, while excluding the husband from the succession process. The second section will focus on the concept of property within Constantine’s legislation. It aims to discern the actual powers retained by the pater familias and the corresponding strengthened position of filii in potestate. Despite the pater familias being considered as a temporary dominus for the period necessary to achieve sui iuris status, he did not exercise a true ownership over maternal assets. For example, he was prohibited from executing sales or donations that would have deplete the family estate. Particularly interesting is the expression “dominium possessionis”, used in CTh. 8, 18, 2, which may help describe the distinction between the formal status of dominus and the actual owner of maternal property.