- 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-lat1:1.7.29.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-10-22
It is stated that even if a natural father cannot speak, if he can clearly manifest his consent to give his son in adoption by other means, the adoption is recognized as legally valid.
[CALLISTRATUS libro secundo institutionum.]
[CALLISTRATUS, Institutes, book 2.]
Si pater naturalis loqui quidem non possit, alio tamen modo quam sermone1 manifestum facere possit uelle se filium suum in adoptionem dare: perinde confirmatur adoptio, ac si2 iure facta esset.
If a natural father is indeed unable to speak, but is yet able to make manifest in another way than by speech that he wishes to give his son in adoption, the adoption is confirmed just as if it had been done in accordance with the law.
- 1.7.29.pralio tamen modo quam sermone
The conjunction "quam" introduces a comparison, contrasting "sermone" (speech) with "alio modo" (another way). It indicates that even if oral expression is impossible, alternative means of signaling intent are sufficient.
- 1.7.29.prperinde ... ac si
A correlative construction expressing a contrary-to-fact comparison, meaning "just as if." Here, despite the lack of strict legal formalities (i.e., oral declaration), the adoption is granted the same validity ("confirmatur") as if it had been performed in accordance with the law ("iure").