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Justinian I · The Digest of Justinian §1.7.43.pr

Adoption as a Grandchild and Its Legal Status

Passage 145 of 9271 · Latin

Summary

Pomponius explains that adoptions apply not only to sons but also to quasi-grandsons, so that the adopted person is legally treated as a grandson, just as if he were born of a son or an unspecified father.

[POMPONIUS libro uicensimo ad Quintum Mucium. ] §1.7.43.prAdoptiones non solum filiorum, sed et quasi nepotum fiunt, ut aliquis nepos noster esse uideatur perinde quasi ex filio uel incerto natus sit.
[POMPONIUS, on Quintus Mucius, book 20.] Adoptions are made not only of sons, but also of quasi-grandsons, so that someone may seem to be our grandson just as if he had been born of a son or of an uncertain person.

Notes

  1. §1.7.43.prquasi nepotum — The adverb quasi (meaning "as if" or "so to speak") modifies nepotum to indicate a relationship that legally functions as that of a grandson, though not biologically so. The word nepotum is a genitive plural depending on adoptiones.
  2. §1.7.43.prperinde quasi... natus sit — The phrase perinde quasi introduces a conditional clause of comparison ("just as if") with the subjunctive (here, the perfect subjunctive natus sit).
  3. §1.7.43.princerto — The masculine ablative singular of the adjective incertus (uncertain, unspecified) used substantively. In this legal context, it refers to an unspecified or unknown father. The preposition ex governs both filio and incerto.

Cite this passage

Justinian I, The Digest of Justinian §1.7.43.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.7.43.pr

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