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Justinian I · The Digest of Justinian §1.7.14.pr

Loss of Adoptive Rights of Grandchild upon Father's Emancipation

Passage 116 of 9271 · Latin

Summary

Pomponius explains that even a grandson born in the household of an adoptive father loses all rights in the adoptive family upon the emancipation of his father.

[POMPONIUS libro quinto ad Sabinum. ] §1.7.14.prSed etiam nepos ex filio apud adoptatum patrem conceptus et natus per emancipationem iura omnia perdit.
[POMPONIUS in the fifth book on Sabinus.] But even a grandson born of a son, who was conceived and born in the household of the adoptive father, loses all his rights through emancipation.

Notes

  1. §1.7.14.pradoptatum patrem — Here `adoptatum patrem` (literally "the adopted father") refers to the adoptive grandfather of the grandson (i.e., the adoptive father of the son). The passive participle `adoptatus` is used here in the sense of the adjective `adoptivus` ("adoptive").
  2. §1.7.14.prper emancipationem — The subject of the emancipation (emancipatio) is the "son" (filius) who was adopted. When the son, who is under the paternal power (patria potestas), is emancipated, the grandson who is dependent on him also loses his familial ties and all rights in the adoptive family.

Cite this passage

Justinian I, The Digest of Justinian §1.7.14.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.7.14.pr

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