- 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-lat1:1.7.25.pr-1.7.25.1
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-10-22
On the prohibition of a father disputing his past emancipation of his daughter after her death, and the prohibition of an absent person adopting through a proxy.
[IDEM libro quinto opinionum.]
[THE SAME, Opinions, book 5.]
Post mortem filiae suae, quae ut mater familias quasi iure emancipata uixerat et testamento scriptis heredibus1 decessit, aduersus factum suum, quasi non iure eam nec praesentibus testibus emancipasset,2 pater mouere controuersiam prohibetur.
After the death of his daughter, who had lived as a mater familias, as if lawfully emancipated, and died having designated heirs in a will, the father is forbidden to raise a dispute against his own act, as if he had not emancipated her lawfully or in the presence of witnesses.
Neque adoptare neque adrogare quis absens nec per alium eiusmodi sollemnitatem peragere potest.
No one who is absent can either adopt or arrogate, nor can he perform a solemnity of this kind through another.
- 1.7.25.prtestamento scriptis heredibus
An ablative absolute construction consisting of the noun heredibus and the perfect participle scriptis, accompanied by testamento ("in a will"), meaning "having designated (written) heirs in a will."
- 1.7.25.prquasi non iure eam nec praesentibus testibus emancipasset
The pluperfect subjunctive emancipasset (a syncopated form of emancipauisset) introduced by the conjunction quasi expresses a past contrary-to-fact assumption ("as if he had not..."). It refers to the father's subsequent false claim denying the validity of the emancipation he himself had previously performed.