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The Digest of Justinian

§1.7.44.pr

Rights of Consanguinity Between Adopted and Natural Grandsons

Proculus discusses whether the rights of consanguinity will exist among grandsons after the grandfather's death when a new grandson is adopted, distinguishing between a simple adoption and one specified as being born of a particular son.

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[PROCULUS libro octauo epistularum.]

[PROCULUS, Letters, book 8.]

§1.7.44.pr

​Si is, qui nepotem ex filio habet, in nepotis loco aliquem adoptauit, non puto mortuo auo1 iura consanguinitatis inter nepotes futura esse. sed si sic adoptauit, ut etiam iure legis nepos suus esset, quasi ex Lucio puta2 filio suo et ex matre familias eius natus esset, contra puto.3

​If a person who has a grandson by a son has adopted someone in the position of a grandson, I do not think that, upon the death of the grandfather, the rights of consanguinity will exist between the grandsons. But if he has adopted him in such a way that he should also be his grandson by operation of law, as if, for example, he had been born of his son Lucius and his mater familias, I think the contrary.

Syntax notes3 items
  1. 1.7.44.prmortuo auo

    An ablative absolute construction (noun + participle) expressing time ('upon the death of the grandfather' or 'after the grandfather has died').

  2. 1.7.44.prputa

    Derived from the imperative of the verb putare ('think'), but used here parenthetically as an adverb meaning 'for instance' or 'for example'.

  3. 1.7.44.prcontra puto

    Means 'I think the contrary', implying that, unlike in the previous case (non puto...), the rights of consanguinity will indeed exist under these specific conditions.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.7.44.pr