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Justinian I · The Digest of Justinian §1.7.36.pr-1.7.36.1

Place of Emancipation and Adoption Before a Proconsul Outside His Province

Passage 138 of 9271 · Latin

Summary

On the locational freedom of emancipation from paternal power, and the validity of manumission and adoption before a proconsul even outside his assigned province.

[IDEM libro octauo decimo responsorum. ] §1.7.36.prEmancipari filium a patre quocumque loco posse constat, ut exeat de patria potestate.
[THE SAME, Opinions, book 18.] It is established that a son can be emancipated by his father in any place whatsoever, so that he may escape from paternal power.
§1.7.36.1Apud proconsulem etiam in ea prouincia, quam sortitus non est, et manumitti et in adoptionem dari posse placet.
It is accepted that even in a province which has not fallen to his lot, a person can be both manumitted and given in adoption before a proconsul.

Notes

  1. §1.7.36.prconstat — Functions as an impersonal verb taking an accusative with infinitive clause (filium ... posse) as its subject, meaning 'it is established' or 'it is well known'.
  2. §1.7.36.1quam sortitus non est — Indicative perfect of the deponent verb sortior ('to obtain by lot, be assigned'). This reflects the historical and legal procedure where a proconsul was assigned his province of administration by lot (sortitio).
  3. §1.7.36.1placet — An impersonal verb meaning 'it is accepted' or 'it is agreed' among jurists, taking an accusative with infinitive construction (here with an implied subject: et manumitti et ... dari posse).

Cite this passage

Justinian I, The Digest of Justinian §1.7.36.pr-1.7.36.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.7.36.pr-1.7.36.1

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