- Source
- Digesta Iustiniani Augusti. Mommsen, Theodor & Krueger, Paul, editors. Berlin: Weidmann, 1870.
- Translation
- AI-generated (gemini-3.5-flash) — machine translation; may contain errors
- Languages
- 日本語 · English · 简体中文 · 한국어
- CTS URN
- urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.7.41.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-10-23
This section rules that when a son is emancipated or given in adoption and later readopted by his father, a grandson who remained in the grandfather's power does not fall under his own father's power upon the grandfather's death.
[IDEM libro secundo regularum.]
[THE SAME, Rules, book 2.]
Si pater filium, ex quo nepos illi est in potestate, emancipauerit et postea eum adoptauerit: mortuo eo1 nepos in patris non reuertitur potestatem. nec is nepos in patris reuertitur potestatem, quem auus retinuerit filio dato in adoptionem, quem denuo redadoptauit.2
If a father emancipates his son, through whom he has a grandson in his power, and afterwards adopts him: upon his death, the grandson does not return under the power of his father. Nor does that grandson return under the power of his father, whom the grandfather retained when the son was given in adoption, whom he afterwards readopted.
- 1.7.41.prmortuo eo
An ablative absolute construction. The pronoun 'eo' refers to 'pater' (the grandfather of the grandson) mentioned at the beginning of the sentence. Although the son (having been emancipated and then readopted) becomes sui iuris and a paterfamilias upon the grandfather's death, the grandson, who remained continuously in the grandfather's power, does not fall under this new paterfamilias's power.
- 1.7.41.prquem denuo redadoptauit
The relative pronoun 'quem' has the immediately preceding 'filio' (from 'filio dato in adoptionem') as its antecedent. It denotes that the person whom the grandfather readopted ('redadoptauit') is the son (the father of the grandson), not the grandson himself.