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Justinian I · The Digest of Justinian §1.7.10.pr

Adoption of a Grandson and Sui Heredes Status

Passage 112 of 9271 · Latin

Summary

If a grandfather adopts a grandson with the consent of the son in his power, the grandson does not become a direct heir to the grandfather, because upon the grandfather's death he falls under his father's power.

[PAULUS libro secundo ad Sabinum. ] §1.7.10.prSi quis nepotem quasi ex filio natum quem in potestate habet consentiente filio adoptauerit, non adgnascitur auo suus heres, quippe cum post mortem aui quasi in patris sui reccidit potestatem.
[PAULUS in the second book on Sabinus.] If anyone, with the consent of the son whom he has in his power, adopts someone as a grandson, as if born of that son, he does not become a self-successor to the grandfather, because after the death of the grandfather, he falls back, as it were, into the power of his own father.

Notes

  1. §1.7.10.prquem in potestate habet — The antecedent of the relative pronoun quem is the preceding filio. 'Whom he has in his power' refers to the son, who is currently under the paternal power of the grandfather, rather than the prospective adoptee (nepos).
  2. §1.7.10.prsuus heres — A 'self-successor' (or direct heir) who becomes independent (sui iuris) upon the death of the paterfamilias. In this case, since the father (the son) is still alive at the grandfather's death, the grandson does not become independent but falls under his father's power, hence he does not become a suus heres to the grandfather.
  3. §1.7.10.prreccidit — A variant spelling of recidit (falls back, reverts). It indicates that upon the grandfather's death, the son (the father) becomes a paterfamilias, and the adopted grandson automatically falls under his father's paternal power.

Cite this passage

Justinian I, The Digest of Justinian §1.7.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.7.10.pr

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