論羅馬法上非婚生子女的地位

On the Status of Illegitimacy in Roman Law

在羅馬法上，非婚生子女的範疇經歷了從最初與私生子並立，到後期將私生子涵納其中的轉變。其間，羅馬法上還出現了另一種非婚生子女類型即自然子女。它與私生子共同構築了新的非婚生子女範疇。因受基督教平等理念的影響，羅馬法平等地賦予婚生或非婚生（自然子女和私生子）生來自由人身份。但因基督教聖潔思想的影響，私生子無權與自然子女同等地適用非婚生子女的准正、享有對生父遺產的繼承權。

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.