← Justinian I

The Digest of Justinian

§1.7.33.pr

Emancipation of Pubescent Adoptees on Grounds of Disadvantage

A rule stating that if an adopted child, upon reaching puberty, proves that remaining under the adoptive father's power is disadvantageous, he should be emancipated and recover his former status.

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[MARCIANUS libro quinto regularum.]

[MARCIANUS, Rules, book 5.]

§1.7.33.pr

​Et si pubes factus non expedire sibi in potestatem eius redigi1 probauerit, aequum esse2 emancipari eum a patre adoptiuo atque ita pristinum ius3 reciperare.

​And if, having reached puberty, he proves that it is not to his advantage to be brought under his power, it is equitable that he be emancipated by his adoptive father and thus recover his former status.

Syntax notes3 items
  1. 1.7.33.prredigi

    Present passive infinitive, forming the subject clause of the impersonally used expedire ('to be brought under his power'). The implied subject is the adopted child who has reached puberty (pubes factus).

  2. 1.7.33.praequum esse

    Infinitive in indirect speech (Oratio Obliqua), expressing a general legal rule typical of juristic rules (regulae).

  3. 1.7.33.prpristinum ius

    Refers to the original legal status (such as being sui iuris) that the adopted person possessed prior to the adoption.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.7.33.pr