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Justinian I · The Digest of Justinian §1.7.11.pr

Adoption of Grandson without Son's Consent and Paternal Power

Passage 113 of 9271 · Latin

Summary

Paulus states that if a father adopts someone as a grandson as if born of his son, but without the son's consent, the grandson does not fall under the son's power upon the grandfather's death.

[IDEM libro quarto ad Sabinum. ] §1.7.11.prSi is qui filium haberet in nepotis locum adoptasset perinde atque si ex eo filio natus esset, et is filius auctor factus non esset: mortuo auo non esse nepotem in potestate filii.
[THE SAME in the fourth book on Sabinus.] If a person who had a son adopted someone in the position of a grandson, just as if he had been born of that son, and that son had not given his consent: upon the death of the grandfather, the grandson is not in the power of the son.

Notes

  1. §1.7.11.prnon esse nepotem — The main clause is structured as an accusative and infinitive (accusative nepōtem + infinitive esse) because it represents indirect speech (oratio obliqua) conveying the jurist's opinion, with the governing verb (such as ait or scrībit) being omitted.
  2. §1.7.11.prauctor factus non esset — The expression auctor fierī, involving the noun auctor, means in Roman law to give formal consent or authorization to another's legal act (here, the father's adoption of a grandson). It means that the son did not give his consent.

Cite this passage

Justinian I, The Digest of Justinian §1.7.11.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.7.11.pr

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