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Justinian I · The Digest of Justinian §1.7.3.pr

Emancipation and Adoption of Magistrates under Paternal Power

Passage 105 of 9271 · Latin

Summary

It presents the established rule that a consul or provincial governor who is a filius familias can perform the legal acts of emancipation or adoption before himself.

[PAULUS libro quarto ad Sabinum. ] §1.7.3.prSi consul uel praeses filius familias sit, posse eum apud semet ipsum uel emancipari uel in adoptionem dari constat.
[PAULUS in the fourth book on Sabinus.] If a consul or a provincial governor is a filius familias, it is well established that he can be either emancipated or given in adoption before himself.

Notes

  1. 1.7.3.prapud semet ipsum — Meaning "before himself." Emancipation and giving in adoption are legal acts that must normally take place before a competent magistrate. This refers to the exceptional situation where the magistrate himself is a filius familias, allowing him to conduct these acts within his own jurisdiction.
  2. 1.7.3.prconstat — An impersonal verb taking the accusative and infinitive clause "posse eum ..." as its subject, meaning "it is well established that..." or "it is clear that...".

Cite this passage

Justinian I, The Digest of Justinian §1.7.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.7.3.pr

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