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Justinian I · The Digest of Justinian §1.7.39.pr

Judicial Confirmation of Adoption After Hearing Interested Parties

Passage 141 of 9271 · Latin

Summary

Ulpian quotes a rescript of the divine Marcus, which states that whether a requested confirmation of an illegal adoption should be granted must be evaluated by judges after hearing the parties who would be affected.

[ULPIANUS libro tertio de officio consulis. ] §1.7.39.prNam ita diuus Marcus Eutychiano rescripsit: 'Quod desideras an impetrare debeas, aestimabunt iudices adhibitis etiam his, qui contra dicent, id est qui laederentur confirmatione adoptionis'.
[ULPIANUS, On the Office of Consul, book 3.] For the divine Marcus replied by rescript to Eutychianus as follows: 'Whether you ought to obtain what you desire will be determined by the judges, after having also summoned those who will speak against it, that is, those who would be prejudiced by the confirmation of the adoption.'

Notes

  1. §1.7.39.prQuod desideras — A relative clause placed at the beginning to introduce the topic. The virtual object of the main verb `aestimabunt` is the subsequent indirect question `an impetrare debeas` (whether you ought to obtain it).
  2. §1.7.39.prlaederentur — Imperfect subjunctive, expressing a conditional or potential scenario (those who 'would be' prejudiced) if the confirmation of the adoption were to be granted.

Cite this passage

Justinian I, The Digest of Justinian §1.7.39.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.7.39.pr

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