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The Digest of Justinian

§1.7.37.pr-1.7.37.1

Adoption as a Grandson and Prohibition of Readoption

This text stipulates that a person without a son can adopt someone as a grandson, and that a person cannot readopt someone they previously adopted if that person has since been emancipated or given in adoption.

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[IDEM libro secundo sententiarum.]

[THE SAME, Sentences, book 2.]

§1.7.37.pr

​Adoptare quis nepotis loco1 potest, etiam si filium non habet.

​A person can adopt someone in the place of a grandson, even if he does not have a son.

§1.7.37.1

​Eum quem quis adoptauit, emancipatum uel in adoptionem datum2 iterum non potest adoptare.3

​One cannot adopt a second time a person whom one has adopted and who has been emancipated or given in adoption.

Syntax notes3 items
  1. 1.7.37.prnepotis loco

    An ablative phrase indicating status or capacity, meaning "in the place of a grandson".

  2. 1.7.37.1emancipatum uel in adoptionem datum

    These are perfect passive participles modifying the antecedent eum (the direct object of adoptare), describing a person who, having been adopted, was subsequently emancipated or given in adoption to another.

  3. 1.7.37.1non potest adoptare

    The subject of this main verb is not explicitly expressed but is understood to be the same as quis (the original adopter) in the relative clause. It states a prohibition against the same person adopting a second time someone they previously adopted and who was subsequently emancipated or transferred.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.7.37.pr-1.7.37.1