Legal Definitions - praemium emancipationis

praemium emancipationis

Praemium emancipationis is a compensation given to a father in Roman law when his child is emancipated. This compensation is equal to one-third of the property that the child inherited from their mother's side.

For example, if a child inherited $300,000 from their mother's side, the father would receive $100,000 as praemium emancipationis when the child is emancipated.

Justinian, a Roman emperor, later changed this compensation to the usufruct of half the child's separate property. This means that the father would have the right to use and enjoy half of the child's property, but not sell or dispose of it.

These examples illustrate how praemium emancipationis was a way to compensate fathers for the loss of their child's inheritance when they were emancipated. It was a common practice in Roman law to ensure that fathers were not left without any financial support when their children became independent.