Humanitext Reader

Justinian I · The Digest of Justinian §1.7.4.pr

Emancipation and Adoption of Children before a Magistrate Father

Passage 106 of 9271 · Latin

Summary

Presents the opinion of Neratius that a magistrate with judicial authority can perform the legal acts of emancipation and adoption for his own children before himself.

[MODESTINUS libro secundo regularum. ] §1.7.4.prMagistratum, apud quem legis actio est, et emancipare filios suos et in adoptionem dare apud se posse Neratii sententia est.
[MODESTINUS in the second book of Rules.] It is the opinion of Neratius that a magistrate before whom there is legis actio can both emancipate his own children and give them in adoption before himself.

Notes

  1. §1.7.4.prMagistratum ... posse — An accusative with infinitive (Aci) construction acting as the subject or complement of 'Neratii sententia est', where the accusative 'magistratum' functions as the subject and 'posse' as the infinitive verb.
  2. §1.7.4.prlegis actio — Literally 'action of law'. In this context, it refers to the non-contentious jurisdiction or authority of a magistrate required to oversee formal legal acts like emancipation or adoption, which were historically conducted as fictitious lawsuits.

Cite this passage

Justinian I, The Digest of Justinian §1.7.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.7.4.pr

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