UGANDA MARTYRS UNIVERSITY

FACULTY OF LAW
INTRODUCTION TO ROMAN &CANON LAW(LLB 1210)
COURSEWORK 2

TOPIC; Using your findings relate the above, the law of persons and family in the
Roman system to our modern concept of person and family in the law of Uganda.

BY;
NAME;NSOBYA JOVAN
REG NO;2019-B411-12406
LECTURER; Fr.Dr.KATAMBA M

INTRODUCTION
As an introductory part of my essay family law is seen as law governing the
relationship between children, parents and between adults in close emotional
relationships therefore family law cannot be contained in one definition because
many areas have an impact on family life from taxation to migration law, insurance
laws, social security laws, and in brief a family is the natural and fundamental
group unit of society and is entitled to protection by society and the state 1and the
rights of a family are provided for under Article 312 and some of the functions of a
family go as families benefit the state, it is also generally believed that strong
families make up a strong state were traditions, values and rituals are passed
through family, therefore below is the relation of the law of persons and family in
the Roman system with that of Uganda today.
As regards to the law of family and persons in Uganda today, these are endorsed
by the written guiding reports and the major one to analyse is the 1995 constitution
of the Republic of Uganda which the basic structure of law guiding people on the
does and don’ts as regards to the law of persons and family in the Roman society
was based on the elders and the emperors who were considered superior.
Basing on the law of family in the Roman system it was exclusively through the
father’s lineage and founded on his absolute control over other members and
likewise today in Uganda as regards to the law of family the father is considered
the head of the family and he is supposed to provide for the family regardless of
his status and if he neglects his duty as a father he is charged by law of family
neglect.
As to the 1995 constitution of Uganda which guarantees to protect the rights of
women in marriage as well men and women of the age of eighteen years and above
have the right to marry and to form a family and are entitled to equal rights in
marriage, during marriage and at its dissolution and as to article 32 children are not
separated from their families or those persons expect in accordance with the law
and affirmative action in favour of marginalised groups well as to the family law in
the Roman empire the rights to equality among husband and wife was a virtue
dream since the fathers had aright and power of life and death of other family
members and likewise divorce was after a man’s wish and approval and on the
issue of age, maximum age for contracting marriage for women it was twelve
(12)years and men fourteen (14) which is in Ugandan law today considered
underage which is not yet ready to engage in sexual intercourse and if one tries to
have sexual intercourse with a child below the age of eighteen (18) he/she is
charged of aggravated defilement under section 129(2)3and he/she is reliable to
suffer death.
1
The universal Declaration of Human rights Article 16(3)
2
The 1995 constitution of Uganda
3
Penal code Act Cap.120
The law of persons in Uganda today regards that every Ugandan citizen is below
the law regardless of his or her status and people are liable to the right of fear
hearing in the courts as provided under article 284 and once a personis found guilt
he/she is convicted with liable punishment and if not guilt the person is acquitted
and compensated well as in the Roman system the law of persons seemed different
since there was social distinction between the upper classes (honestiones) more
honourable and lower classes (humiliones) and these were punished by capital
death, forced labour (deportation or even death no matter the crime offended well
as honestiones were only punished with temporary expulsion.
As to the law of persons in Uganda today it is regarded every person is equal and
gender imbalances are de campaigned since women are also capable of doing
things which can be done by men for instance getting involved in doing hard
labour so as to generate their own wealth and money, women are free to participate
in jurisdictions and also attend court sessions likewise contribute to developing
programmes for instance the current speaker of the parliament of Uganda is a
woman with initials of Rit honourable Rebecca Kadaga with ability to chair
parliamentary sessions contributing to the development of the country well as in
the Roman system women were considered inferior compared to men and they
could not hold amagistracy or public offices, bejudges, bring law suits, act as
procurators or speak in courts as advocates rather their role was to adopt children
and act as their guardians after their husbands death.
Under family law in the Roman system women needed the consent of their father
to form a legitimate marriage and divorce or the woman’s family had to pay back
the dowry paid by the husband, further to note for a woman to divorce it was the
man’s will and consent likewise in the family law of Uganda today for a couple to
get into a peaceful marriage they have to seek parent’s blessings and consent and
on the issue of divorce a partner is free to divorce without any one’s consent but if
he/she has been in alegal marriage he or she has to seek legal documents which
clarifies divorce of the two spouses and when wealth gained by the couple was
generated together in marriage it has to be shared equally among the two parties.
Family law under the Roman system marriage was monogamous,hereosexual and
intended to be over lasting and the social aim of marriage was the procreation of
legitimate children and marriage between relatives with in third degree(brother and
sister, uncle and niece, aunt and nephew)and those of the same sex were highly

4
1995 constitution of Uganda
prohibited well as today in the Ugandan family law different marriages are
encouraged regarding to someone’s religion for instance Christianity emphasizes
monogamous marriages and Islam emphasizes a man to marry more than one
woman(polygamous marriage) as long as he is capable of taking equal care to them
and the value of over lasting marriages is not observed in a number of marriages
today since couples do divorce after a short period of time in their marriage and
further still the social aim of marriage today is the procreation of children as it
states in a holy marriage and under article 31(4) of the constitution it is stated as a
duty of parents to care for and bring up their children, more to note under the
family law marriage between persons of the same sex is prohibited as it was the
case in the Roman system and this is provided for under article 31(2a) of the
constitution of Uganda.
In the Roman system under the family law adultery was regarded as a public crime
were husbands were required to divorce adulterous wives and likewise a father
could kill his daughter and her lover if caught in the act of adultery, guilt
adulterous parties were banished go various islands well as to the law of family in
Uganda adultery is also considered a crime though less impact is done to the
couple caught in action or else chase it from that particular destination forced to
look for another place for settlement.
In the Roman system there was an experience of monarchical leadership were by
leader led by inheritance rights or those connected to the royal family took up
power and these had tittles of emperors for instance there were emperors like
Augustan, Constantine and Justinian and these led with divine authority hence
denying people to participate in choosing leaders of their choice hence creating
leaders with incompetent leadership skills at times causing the suffering of some
people since a few classes are treasured by those in authority well as today in
Uganda people have a right to vote leaders of their choices as asign of forming a
democratic state and this provided for under Article 595 were every Ugandan
citizen eighteen (18)years and above has aright to vote for any leader of his or her
choice hence depressing the excessive powers of grind leaders since power belongs
to the people who vote them.
The law of persons in Uganda protects people from forced labour were a person is
not liable to work under threat and pressure but instead a person works by his own
will with a purpose of being rewarded in return for instance in form of pay either

5
1995 constitution of the Republic of Uganda
with cash or exchange for another thing but instead in the Roman system it was a
different CAS were by some people never enjoyed their privileges as citizens since
they were captured and taken as captives (slaves)and these on another point were
considered as objects, countedas the master’s property which was asign of
discrimination to the unprivileged class and to add on that these slaves worked
tirelessly on farms with very little or no pay and apoint to note when a slave gave
birth while in slavery the child born also became a slave hence undermining the
rights and freedom of an innocent child/children.
Family law today in Uganda regards amale child to take possession of his father’s
properties as succession incase of death and he is in full control over them and
likewise in the family law of the Roman system when a father owned a business
like agriculture, crafts or manufacturing he appointed one of his sons and this one
took liability of the business through a contracts made by the business manager
remained reliable to him.
Under the family law of the Roman society a father had the right to appoint a tutor
by will for his children(tutor testamentarious)and the appointment was effective
from the moment in which the will came into effect and likewise today in Uganda
under the law of family and persons a father appoints his heir through awill and in
most cases he appoints the clan leader to be in charge of the will or he consults
alawyer and he entrusts him or with his will and just in case of death this person
with the will he/she is capable to read it to other family members and the
concerned parties as well just in case their is allocation of his property to specify
people and also acknowledging who the heir in the will is.
As regards to the law of persons in Uganda today people’s rights are highly
observed and likewise there properties protected from being stolen and taken by
greed people and this is done by security bodies as provided under chapter 126 for
example the Uganda police force under article (211) with its major function of
protecting life and property well as in the Roman system people’s rights were not
respected regardless their property since they always rooted and their properties
destroyed and captured as slaves which was a disrespectof people’s rights to life
and forced labour.
Still to note under the law of persons and family in Uganda today when a child
makes eighteen years he/she is liable of living his parents house and set up his/her
own business for his or her own benefit well as in the Roman system under the law
6
1995 constitution of the Republic of Uganda
of persons sons and slaves were allowed to develop independent commercial
activity by the institution of peculium and if any of them achieved anything in the
course of military service they became part of their military assets and had full
capacity to dispose off such assets as they needed.
The law of persons and family in Uganda today every Ugandan citizen eighteen
years(18)years and above to get married and get spouses of their own choices
regardless of to occupation and their posts in government for example aminister
can get married to anoble woman neither an army officer or soldier can be married
for instance police women get married and give birth to children as well like in the
Roman system under the law of persons and family serving soldiers were not
permitted to marry until septimius Severus, likewise provincial magistrates were
forbidden to marry their wards and this was because marriage had no effect on the
legal status of the parties and their properties.
The law of persons in Uganda today forbidder’s segregation, discrimination and
division among people regardless of their status, colourand personality for instance
foreigners, well as to the law of persons of the Roman society fundamental
division of persons was observed between free persons and slaves and the division
between Roman citizens and foreigners or strangers (peregrine)and between those
who were independent (Sui iuris) and those who were submitted to
paterfamilias(alieri iuris)which made room for the intermediate and particularly
favourable legal status of Latin.
Under the family law today in Uganda the power of the child owing belongs to the
father because even when children are born they take/share the father’s clan of
linage and likewise on the issue of divorce the father remains with authority over
his children therefore a woman can divorce from amans house but she has to live
the children behind and likewise in the Roman society under the family law a
woman’s children remained under the paternal power of her husband or father-in
law even if her paterfamilias was still alive and every male child was a
paterfamilias.
In the Roman system under the family law when a wifeentered into marriage all
the possessions she had before marriage belonged to her husband(on her new
paterfamilias)and as a result she gained succession fights similar to those of his
children and likewise today in Uganda under the family law a wife as long as
married to the deceased husband, she takes part in succession of the properties
because her and the husband are considered one person.
As regards to the law of persons in the Roman society children gained their
puberty at fourteen (14)years for boys and twelve for girls and those would be
regarded independent persons that is those not submitted to paternal or marital
power well as to note in the Ugandan law of persons today a person is regarded
ateenager at the stage of puberty at the age of eighteen and at this age a person is
recommended old enough to take his/her decisions.
Under the family law in Uganda today it is a man’s responsibility to pay dowry as
a sign of bride price to the woman’s family as a sign of appreciation and also
compensation to the family for the loss of one of their family member to his home
as a wifewell as in the Roman system under the family laws things were totally
different since dowry was transferred to the bridegroom or his family by the bride
of or her family as her contribution to maintaining the marital household and
dowries were considered by the Romans as social practice and moral duty but not a
legal requirement for a validmarriage.
REFERENCES
The 1995 constitution of the Republic of Uganda
The universal Declaration of Human rights Article 16(3)
Sandra R.Joshel,slavery in Roman world(Cambridge university press,2009
Alan Watson, The Law of persons in later Roman Republic( Clarendon press,1967)
Jane F.Gardner,being of a Roman citizen (Routledge,1993)
Alan Watson, Roman slave law (The John Hopkins University press 1987)
The Penal code Act Cap.120