Humanitext Reader

Justinian I · The Digest of Justinian §1.7.37.pr-1.7.37.1

Adoption as a Grandson and Prohibition of Readoption

Passage 139 of 9271 · Latin

Summary

This text stipulates that a person without a son can adopt someone as a grandson, and that a person cannot readopt someone they previously adopted if that person has since been emancipated or given in adoption.

[IDEM libro secundo sententiarum. ] §1.7.37.prAdoptare quis nepotis loco potest, etiam si filium non habet.
[THE SAME, Sentences, book 2.] A person can adopt someone in the place of a grandson, even if he does not have a son.
§1.7.37.1Eum quem quis adoptauit, emancipatum uel in adoptionem datum iterum non potest adoptare.
One cannot adopt a second time a person whom one has adopted and who has been emancipated or given in adoption.

Notes

  1. §1.7.37.prnepotis loco — An ablative phrase indicating status or capacity, meaning "in the place of a grandson".
  2. §1.7.37.1emancipatum uel in adoptionem datum — These are perfect passive participles modifying the antecedent eum (the direct object of adoptare), describing a person who, having been adopted, was subsequently emancipated or given in adoption to another.
  3. §1.7.37.1non potest adoptare — The subject of this main verb is not explicitly expressed but is understood to be the same as quis (the original adopter) in the relative clause. It states a prohibition against the same person adopting a second time someone they previously adopted and who was subsequently emancipated or transferred.

Cite this passage

Justinian I, The Digest of Justinian §1.7.37.pr-1.7.37.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.7.37.pr-1.7.37.1

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.