论罗马法上非婚生子女的地位

在罗马法上,非婚生子女的范畴经历了从最初与私生子并立,到后期将私生子涵纳其中的转变。其间,罗马法上还出现了另一种非婚生子女类型即自然子女。它与私生子共同构筑了新的非婚生子女范畴。因受基督教平等理念的影响,罗马法平等地赋予婚生或非婚生(自然子女和私生子)生来自由人身份。但因基督教圣洁思想的影响,私生子无权与自然子女同等地适用非婚生子女的准正、享有对生父遗产的继承权。

In Roman law,the scope of illegitimacy had changed twice.It was different from the bastard first,then regarded bastards as illegitimacy as well later.During this period,nature children and the bastard constituted the category of illegitimacy.At the same time,influenced by the idea of the equality from Christianity,whether legitimacy or illegitimacy(nature child and bastard)enjoyed equal born liberty.However,influenced by the holy idea of Christianity marriage,the bastard was excluded by Roman law which would not change his status by the legitimate procedure,nor would permit him or her to inherit his father legacy.The fact that the bastard was unequally treated in Roman law made it clear that the influence of Christianity on Roman law was not progressive.