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Justinian I · The Digest of Justinian §1.7.2.pr-1.7.2.2

Procedures and Effects of Adrogation and Adoption

Passage 104 of 9271 · Latin

Summary

This section explains the two methods of adoption (adrogation by imperial authority and adoption by magisterial command) along with their procedural differences, and notes the ability of those unable to procreate to adopt, as well as the transition of parental power over a family when a paterfamilias is adrogated.

[GAIUS libro primo institutionum. ] §1.7.2.prGeneralis enim adoptio duobus modis fit, aut principis auctoritate aut magistratus imperio.
[GAIUS in the first book of Institutes.] For general adoption is made in two ways, either by the authority of the emperor or by the command (imperium) of a magistrate.
principis auctoritate adoptamus eos qui sui iuris sunt: quae species adoptionis dicitur adrogatio, quia et is qui adoptat rogatur, id est interrogatur, an uelit eum quem adoptaturus sit iustum sibi filium esse, et is qui adoptatur rogatur, an id fieri patiatur.
By the authority of the emperor we adopt those who are sui iuris; which species of adoption is called adrogation, because both he who adopts is asked (that is, questioned) whether he wishes the person whom he is about to adopt to be a lawful son to him, and he who is adopted is asked whether he suffers this to be done.
imperio magistratus adoptamus eos qui in potestate parentis sunt, siue primum gradum liberorum optineant, qualis est filius filia, siue inferiorem, qualis est nepos neptis, pronepos proneptis.
By the command of a magistrate we adopt those who are in the power of a parent, whether they hold the first degree of children, such as a son or daughter, or a lower degree, such as a grandson or granddaughter, a great-grandson or great-granddaughter.
§1.7.2.1Illud utriusque adoptionis commune est, quod et hi qui generare non possunt, quales sunt spadones, adoptare possunt.
This is common to both kinds of adoption, that even those who cannot procreate, such as eunuchs, can adopt.
§1.7.2.2Hoc uero proprium est eius adoptionis, quae per principem fit, quod is qui liberos in potestate habet si se adrogandum dederit, non solum ipse potestati adrogatoris subicitur, sed et liberi eius in eiusdem fiunt potestate tamquam nepotes.
But this is peculiar to that adoption which is made through the emperor: that if he who has children in his power gives himself to be adrogated, not only is he himself subjected to the power of the adrogator, but also his children come into the power of the same person as grandchildren.

Notes

  1. §1.7.2.pran uelit eum quem adoptaturus sit iustum sibi filium esse — Within the indirect question `an uelit...`, there is a relative clause `quem adoptaturus sit` (future active participle + subjunctive, "whom he is going to adopt") and an accusative with infinitive phrase `eum... iustum sibi filium esse` acting as the object of `uelit` (where `eum` is the subject accusative and `iustum filium` is the predicate). The reflexive dative `sibi` refers to the subject of `uelit` (the adopter).
  2. §1.7.2.2si se adrogandum dederit — `dederit` is a future perfect indicative. The verb `dare` (to give, yield) takes the object `se` (himself) accompanied by the accusative gerundive `adrogandum`, expressing purpose or passive intent ("gives himself to be adrogated").

Cite this passage

Justinian I, The Digest of Justinian §1.7.2.pr-1.7.2.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.7.2.pr-1.7.2.2

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