← Justinian I

The Digest of Justinian

§1.7.39.pr

Judicial Confirmation of Adoption After Hearing Interested Parties

Ulpian quotes a rescript of the divine Marcus, which states that whether a requested confirmation of an illegal adoption should be granted must be evaluated by judges after hearing the parties who would be affected.

View ▾
View
Translation
Typeface
AI ↗
← PrevNext →

[ULPIANUS libro tertio de officio consulis.]

[ULPIANUS, On the Office of Consul, book 3.]

§1.7.39.pr

​Nam ita diuus Marcus Eutychiano rescripsit: 'Quod desideras1 an impetrare debeas, aestimabunt iudices adhibitis etiam his, qui contra dicent, id est qui laederentur2 confirmatione adoptionis'.

​For the divine Marcus replied by rescript to Eutychianus as follows: ‘Whether you ought to obtain what you desire will be determined by the judges, after having also summoned those who will speak against it, that is, those who would be prejudiced by the confirmation of the adoption.’

Syntax notes2 items
  1. 1.7.39.prQuod desideras

    A relative clause placed at the beginning to introduce the topic. The virtual object of the main verb aestimabunt is the subsequent indirect question an impetrare debeas (whether you ought to obtain it).

  2. 1.7.39.prlaederentur

    Imperfect subjunctive, expressing a conditional or potential scenario (those who 'would be' prejudiced) if the confirmation of the adoption were to be granted.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.7.39.pr