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Justinian I · The Digest of Justinian §1.7.15.pr-1.7.15.3

Transfer of Power and Restrictions in Arrogation

Passage 117 of 9271 · Latin

Summary

This section discusses the transfer of property and parental power upon the arrogation of a head of household, the procedure for adopting a grandson as if born of another son, and the restrictions regarding age, number, and status of adoptive candidates in arrogations.

[ULPIANUS libro uicensimo sexto ad Sabinum. ] §1.7.15.prSi pater familias adoptatus sit, omnia quae eius fuerunt et adquiri possunt tacito iure ad eum transeunt qui adoptauit: hoc amplius liberi eius qui in potestate sunt eum sequuntur: sed et hi, qui postliminio redeunt, uel qui in utero fuerunt cum adrogaretur, simili modo in potestatem adrogatoris rediguntur.
[ULPIANUS in the twenty-sixth book on Sabinus.] If a head of a household is adopted, all things which belonged to him and can be acquired pass by implicit right to the person who adopted him; furthermore, his children who are in his power follow him; but also those who return by postliminium, or who were in the womb when he was arrogated, are reduced in like manner into the power of the arrogator.
§1.7.15.1Qui duos filios et ex altero eorum nepotem habet, si uult nepotem quasi ex altero natum sic adoptare, potest hoc efficere, si eum emancipauerit et sic adoptauerit quasi ex altero natum.
A person who has two sons and a grandson by one of them, if he wishes to adopt his grandson in such a way as if he were born of the other son, can accomplish this if he emancipates him and then adopts him as if he were born of the other.
facit enim hoc quasi quilibet, non quasi auus, et qua ratione quasi ex quolibet natum potest adoptare, ita potest et quasi ex altero filio.
For he does this as if he were anyone else, not as a grandfather, and by the same reasoning as he can adopt a person as if born of anyone else, so he can also adopt him as if born of the other son.
§1.7.15.2In adrogationibus cognitio uertitur, num forte minor sexaginta annis sit qui adrogat, quia magis liberorum creationi studere debeat: nisi forte morbus aut ualetudo in causa sit aut alia iusta causa adrogandi, ueluti si coniunctam sibi personam uelit adoptare.
In arrogations an investigation is turned to, whether by chance the person who arrogates is under sixty years of age, since he ought rather to devote himself to the procreation of children; unless by chance disease or ill health is the reason, or there is some other just cause for the arrogation, such as if he wishes to adopt a person connected to him.
§1.7.15.3Item non debet quis plures adrogare nisi ex iusta causa, sed nec libertum alienum, nec maiorem minor.
Likewise, no one ought to arrogate more than one person except for a just cause, nor a freedman of another, nor a younger person an older one.

Notes

  1. §1.7.15.prtacito iure — "by implicit right." It refers to the transfer of property and other rights taking place automatically by operation of law, without requiring any express agreement or declaration.
  2. §1.7.15.1quasi ex altero filio — At the end of the sentence, the verb `adoptare` is omitted from the preceding context. It should be understood as `ita potest [adoptare] et quasi ex altero filio` ("so he can also [adopt him] as if born of the other son").
  3. §1.7.15.2cognitio uertitur, num — The clause introduced by the conjunction `num` (whether) functions as an indirect question, explaining the specific subject of the investigation (`cognitio`). Literally, "the investigation is turned to whether..."
  4. §1.7.15.3sed nec libertum alienum, nec maiorem minor — The elements `non debet [quis] adrogare` are carried over from the initial clause `non debet quis plures adrogare` to govern the following accusative noun (`libertum alienum`) and the accusative-nominative pair (`maiorem minor`): "nor ought anyone [to arrogate] another's freedman, nor a younger person [to arrogate] an older one."

Cite this passage

Justinian I, The Digest of Justinian §1.7.15.pr-1.7.15.3. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.7.15.pr-1.7.15.3

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