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The Digest of Justinian

§1.7.36.pr-1.7.36.1

Place of Emancipation and Adoption Before a Proconsul Outside His Province

On the locational freedom of emancipation from paternal power, and the validity of manumission and adoption before a proconsul even outside his assigned province.

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[IDEM libro octauo decimo responsorum.]

[THE SAME, Opinions, book 18.]

§1.7.36.pr

​Emancipari filium a patre quocumque loco posse constat,1 ut exeat de patria potestate.

​It is established that a son can be emancipated by his father in any place whatsoever, so that he may escape from paternal power.

§1.7.36.1

​Apud proconsulem etiam in ea prouincia, quam sortitus non est,2 et manumitti et in adoptionem dari posse placet.3

​It is accepted that even in a province which has not fallen to his lot, a person can be both manumitted and given in adoption before a proconsul.

Syntax notes3 items
  1. 1.7.36.prconstat

    Functions as an impersonal verb taking an accusative with infinitive clause (filium ... posse) as its subject, meaning 'it is established' or 'it is well known'.

  2. 1.7.36.1quam sortitus non est

    Indicative perfect of the deponent verb sortior ('to obtain by lot, be assigned'). This reflects the historical and legal procedure where a proconsul was assigned his province of administration by lot (sortitio).

  3. 1.7.36.1placet

    An impersonal verb meaning 'it is accepted' or 'it is agreed' among jurists, taking an accusative with infinitive construction (here with an implied subject: et manumitti et ... dari posse).

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.7.36.pr-1.7.36.1