Извинявам се за копи/пейст метода, а също и че не съм добре подкован по проблематиката изложена по-долу, но ми се струва че е важно за спорещите страни.

Codex Justinianeus
Съществени са два випроса
1. Какви са били правните основания Юстиниан да е бил пълноправен гражданин - ако е бил варварин или римлянин.
2. Какво е заварил в правото и какво е променил (ако е променил) в условията за зелената карта ... Това също може да бъде косвен аргумент - независимо за коя от двете противиположни тези.


Justinian: The Digest of Roman Law
Roman Citizenship

Possession of citizenship was desired by Romans and barbari alike. Besides making one safe from the death penalty, a Roman citizen enjoyed:

* suffragium - the right to vote
* commercium - the right to make contracts
* conubium - the right to contract a legal marriage

Citizens did have responsibilities: they were taxed, and the men needed to complete a term of military service (in fact, only a citizen could become a Roman legionary). Only a citizen could use the praenomen-nomen-cognomen set of names.

A complex set of rules determined who was or was not a Roman citizen. One could be a citizen by virtue of one's birth if certain circumstances applied. If both mother and father had conubium, the child was deemed a citizen and held the social class of its father (e.g., eques, patrician, plebeian). If a Roman citizen had a child outside of conubium, the child took the status of its mother. If the mother was not a citizen, the child was not a Roman citizen and could even be a slave.

Children born to Roman legionaries during their military service were NOT citizens. it was illegal for legionaries to wed while serving their 20-year tour of duty and, thus, there could be no conubium. Since the mothers of legionaries' children generally were not Roman citizens themselves, in the eyes of Roman law the children simply received the status and nationality of the mother.

Factors other than birthright arose over time to determine citizenship:

* Latini, people from the Latin states, who took up residence in Rome were granted a class of citizenship with limited rights.
* Slaves, upon being freed, became citizens.
* Peregrini, foreigners living in conquered lands, could be given full or partial citizenship.
* Citizenship could be bestowed as a reward for service to the state. For example, citizenship was eventually granted to all who served as Auxilii (Peregrini who served as auxiliary troops).

In AD 212, all free inhabitants of the empire were finally granted citizenship.

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