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Justinian I · The Digest of Justinian §1.7.41.pr

Readoption of a Son and the Power over Grandchildren

Passage 143 of 9271 · Latin

Summary

This section rules that when a son is emancipated or given in adoption and later readopted by his father, a grandson who remained in the grandfather's power does not fall under his own father's power upon the grandfather's death.

[IDEM libro secundo regularum. ] §1.7.41.prSi pater filium, ex quo nepos illi est in potestate, emancipauerit et postea eum adoptauerit: mortuo eo nepos in patris non reuertitur potestatem.
[THE SAME, Rules, book 2.] If a father emancipates his son, through whom he has a grandson in his power, and afterwards adopts him: upon his death, the grandson does not return under the power of his father.
nec is nepos in patris reuertitur potestatem, quem auus retinuerit filio dato in adoptionem, quem denuo redadoptauit.
Nor does that grandson return under the power of his father, whom the grandfather retained when the son was given in adoption, whom he afterwards readopted.

Notes

  1. 1.7.41.prmortuo eo — An ablative absolute construction. The pronoun 'eo' refers to 'pater' (the grandfather of the grandson) mentioned at the beginning of the sentence. Although the son (having been emancipated and then readopted) becomes sui iuris and a paterfamilias upon the grandfather's death, the grandson, who remained continuously in the grandfather's power, does not fall under this new paterfamilias's power.
  2. 1.7.41.prquem denuo redadoptauit — The relative pronoun 'quem' has the immediately preceding 'filio' (from 'filio dato in adoptionem') as its antecedent. It denotes that the person whom the grandfather readopted ('redadoptauit') is the son (the father of the grandson), not the grandson himself.

Cite this passage

Justinian I, The Digest of Justinian §1.7.41.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.7.41.pr

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