C"pitis Diminutio L"w & Leg"l Definition

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C2pitis Diminutio liter2lly me2ns diminishing of 2 persons person2lity or st2tus. A

person m2y loose his person2lity or leg2l c2p2city either in whole or in p2rt.

There 2re three st2ges of loosing 2 persons person2lity n2mely:

1.C2pitis diminutio minim2 consisting of the loss of 2 persons f2mily rel2tions

2lone. The right to liberty 2nd citizenship 2re un2ltered here. In C2pitis diminutio
minim2 there is only 2 minimum loss of st2tus.

2. C2pitis diminutio medi2 consisting of the loss of 2 persons citizenship 2nd

f2mily. Here there is no loss of person2l liberty. In c2pitis diminutio minim2 there is
2 medium loss of st2tus.

3.C2pitis diminutio m2xim2 consisting of the loss of liberty, citizenship 2nd f2mily.
Here 2 persons st2tus is ch2nged from freedom to bond2ge. In C2pitis diminutio
m2xim2 there is the highest loss of st2tus.

C"pitis deminutio
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C"pitis deminutio or c"pitis diminutio (lit. "decre2se of he2d") is 2 term used in
Rom2n l2w, referring to the extinguishing, either in whole or in p2rt, of 2 person's
former leg2l c2p2city. As the Rom2ns only used m2juscule letters (c2pit2l) 2nd
h2d no minuscule letters, this does not refer to c2pit2l letters in 2 n2me.
There were three ch2nges of st2te or condition 2ttended with different
consequences: m"xim", medi", 2nd minim". The gre2test, c"pitis deminutio
m"xim", involved the loss of liberty, citizenship, 2nd f2mily (e.g. being m2de 2
sl2ve or prisoner of w2r). The next ch2nge of st2te, c"pitis deminutio medi",
consisted of 2 loss of citizenship 2nd f2mily without 2ny forfeiture of person2l
liberty. The le2st ch2nge of st2te, c"pitis deminutio minim", consisted of 2 person
ce2sing to belong to 2 p2rticul2r f2mily, without loss of liberty or citizenship.[]
Bl"cks L"w Diction"ry provides the following definition:
C"pitis Diminutio (me2ning the diminishing of st2tus) In Rom2n l2w. A diminishing
or 2bridgment of person2lity; 2 loss or curt2ilment of 2 m2n's st2tus or 2ggreg2te
of leg2l 2ttributes 2nd qu2lific2tions.
C"pitis Diminutio Minim" (me2ning 2 minimum loss of st2tus) - The lowest or
le2st comprehensive degree of loss of st2tus. This occurred where 2 m2n's f2mily
rel2tions 2lone were ch2nged. It h2ppened upon the 2rrog2tion [pride] of 2
person who h2d been his own m2ster, (sui juris,) [of his own right, not under 2ny
leg2l dis2bility] or upon the em2ncip2tion of one who h2d been under the p2tri2
potest2s. [P2rent2l 2uthority] It left the rights of liberty 2nd citizenship un2ltered.
See Inst. 1, 16, pr.; 1, 2, 3; Dig. 4, 5, 11; M2ckeld. Rom.L2w, 144.
C"pitis Diminutio Medi" (me2ning 2 medium loss of st2tus) - A lesser or medium
loss of st2tus. This occurred where 2 m2n loses his rights of citizenship, but
without losing his liberty. It c2rried 2w2y 2lso the f2mily rights.
C"pitis Diminutio M"xim" (me2ning 2 m2ximum loss of st2tus) - The highest or
most comprehensive loss of st2tus. This occurred when 2 m2n's condition w2s
ch2nged from one of freedom to one of bond2ge, when he bec2me 2 sl2ve. It
swept 2w2y with it 2ll rights of citizenship 2nd 2ll f2mily rights.
Diminutio. L2t. In civil l2w. Diminution; 2 t2king 2w2y; loss or depr2v2tion.[]
C2pite. - L2t. By the he2d.[]
Notes[edit]
`. Jump up
^ Thom2s M2ckenzie 2nd John Kirkp2trick, Studies in Rom"n L"w, Ch2pter II,
pp. 7172.
a. Jump up
^ http://thel2wdiction2ry.org/c2pitis-diminutio/
b. Jump up
^ Bl2cks L2w Diction2ry Revised 4th Edition 1968
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