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Justinian I · The Digest of Justinian §1.7.33.pr

Emancipation of Pubescent Adoptees on Grounds of Disadvantage

Passage 135 of 9271 · Latin

Summary

A rule stating that if an adopted child, upon reaching puberty, proves that remaining under the adoptive father's power is disadvantageous, he should be emancipated and recover his former status.

[MARCIANUS libro quinto regularum. ] §1.7.33.prEt si pubes factus non expedire sibi in potestatem eius redigi probauerit, aequum esse emancipari eum a patre adoptiuo atque ita pristinum ius reciperare.
[MARCIANUS, Rules, book 5.] And if, having reached puberty, he proves that it is not to his advantage to be brought under his power, it is equitable that he be emancipated by his adoptive father and thus recover his former status.

Notes

  1. §1.7.33.prredigi — Present passive infinitive, forming the subject clause of the impersonally used expedire ('to be brought under his power'). The implied subject is the adopted child who has reached puberty (pubes factus).
  2. §1.7.33.praequum esse — Infinitive in indirect speech (Oratio Obliqua), expressing a general legal rule typical of juristic rules (regulae).
  3. §1.7.33.prpristinum ius — Refers to the original legal status (such as being sui iuris) that the adopted person possessed prior to the adoption.

Cite this passage

Justinian I, The Digest of Justinian §1.7.33.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.7.33.pr

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