Emancipation Claims by Pubescent Adoptees and Adoption by Guardians — Justinian I, The Digest of Justinian Book 1 (1.7.32.pr–1.7.32.1), Latin & English

[PAPINIANUS libro trigensimo primo quaestionum.]

[PAPINIANUS, Questions, book 31.]

§1.7.32.pr

Nonnumquam autem impubes qui adoptatus est audiendus erit,¹ si pubes factus emancipari desideret, idque causa cognita² per iudicem statuendum erit.

Sometimes, however, a person who was adopted while under puberty must be heard, if on reaching puberty he desires to be emancipated, and this matter must be decided by a judge after an inquiry into the case.

§1.7.32.1

Imperator Titus Antoninus rescripsit priuignum suum tutori adoptare permittendum.³

The Emperor Titus Antoninus replied by rescript that a guardian should be permitted to adopt his own stepson.

Syntax notes3 items

1.7.32.praudiendus erit
The subject is impubes (one under puberty) with its relative clause, and audiendus erit is a passive periphrastic conjugation with the gerundive, expressing necessity or duty ("must be heard" or "should be given a hearing").
1.7.32.prcausa cognita
An ablative absolute consisting of the noun causa and the participle cognita, meaning "the case having been examined" or "after a formal inquiry into the circumstances" by the judge.
1.7.32.1priuignum suum tutori adoptare permittendum
An accusative with infinitive clause introduced by rescripsit. The gerundive permittendum [esse] is used as the predicate, with the infinitive clause adoptare priuignum suum serving as its subject, and tutori as the dative of agent or reference, meaning "that a guardian should be permitted to adopt his own stepson."

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.7.32.pr-1.7.32.1