- Source
- Digesta Iustiniani Augusti. Mommsen, Theodor & Krueger, Paul, editors. Berlin: Weidmann, 1870.
- Translation
- AI-generated (gemini-3.5-flash) — machine translation; may contain errors
- Languages
- 日本語 · English · 简体中文 · 한국어
- CTS URN
- urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.7.11.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-10-22
Paulus states that if a father adopts someone as a grandson as if born of his son, but without the son's consent, the grandson does not fall under the son's power upon the grandfather's death.
[IDEM libro quarto ad Sabinum.]
[THE SAME in the fourth book on Sabinus.]
Si is qui filium haberet in nepotis locum adoptasset perinde atque si ex eo filio natus esset, et is filius auctor factus non esset:1 mortuo auo non esse nepotem2 in potestate filii.
If a person who had a son adopted someone in the position of a grandson, just as if he had been born of that son, and that son had not given his consent: upon the death of the grandfather, the grandson is not in the power of the son.
- 1.7.11.prauctor factus non esset
The expression auctor fierī, involving the noun auctor, means in Roman law to give formal consent or authorization to another's legal act (here, the father's adoption of a grandson). It means that the son did not give his consent.
- 1.7.11.prnon esse nepotem
The main clause is structured as an accusative and infinitive (accusative nepōtem + infinitive esse) because it represents indirect speech (oratio obliqua) conveying the jurist's opinion, with the governing verb (such as ait or scrībit) being omitted.