Fundamentos doctrinales en torno a la tutela mulierumNaturaleza y esencia de la tutela mulierum

Resumo

The purpose of the present work is to go into in the analysis of the different doctrinal postures that have been given regarding the nature and functionality of the tutela mulierum, approaching from different perspectives, the difficult one problematic that presents an institution that already from its origin it lacked of a clear artificial justification but that in the breast of the archaic Roman society it maintained its survival from necessity. The reasons used by the Roman jurists to justify the tutela of the sex were a mere intent to reconcile of a side the rigid legislation promulgated regarding the woman, legislation begun by the own Romulo, and of other, the artificiality with which was endowed from content to a figure that showed signs of a necessary regression from the first moments of the civitas.