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Justinian I · The Digest of Justinian §1.7.20.pr

Adrogated Child's Prepubescent Death and Scope of Security

Passage 122 of 9271 · Latin

Summary

It states that the security provided in adrogation applies if the adrogated person dies before puberty, and that this rule is observed for female wards as well, even if the text refers only to male wards.

[MARCELLUS libro uicensimo sexto digestorum. ] §1.7.20.prHaec autem satisdatio locum habet, si impubes decessit.
[MARCELLUS in the twenty-sixth book of the Digests.] But this security takes place if the youth dies before puberty.
sed etsi de pupillo loquitur, tamen hoc et in pupilla obseruandum est.
But even if it speaks of a male ward, nevertheless this must be observed also in the case of a female ward.

Notes

  1. 1.7.20.primpubes — In this context, it refers to the adrogated minor. Although the subject is not explicitly stated beforehand, the adjective impubes (one under the age of puberty) functions as the subject of decessit, forming the condition of the main clause.
  2. 1.7.20.prloquitur — It is used in an impersonal or elliptical sense, meaning 'the text of the law' or 'the formula' speaks. Subject such as lex or formula is understood.

Cite this passage

Justinian I, The Digest of Justinian §1.7.20.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.7.20.pr

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