Justinian I · The Digest of Justinian §1.7.44.pr

Rights of Consanguinity Between Adopted and Natural Grandsons

Passage 146 of 9271 · Latin

Summary

Proculus discusses whether the rights of consanguinity will exist among grandsons after the grandfather's death when a new grandson is adopted, distinguishing between a simple adoption and one specified as being born of a particular son.

[PROCULUS libro octauo epistularum. ] §1.7.44.prSi is, qui nepotem ex filio habet, in nepotis loco aliquem adoptauit, non puto mortuo auo iura consanguinitatis inter nepotes futura esse.

[PROCULUS, Letters, book 8.] If a person who has a grandson by a son has adopted someone in the position of a grandson, I do not think that, upon the death of the grandfather, the rights of consanguinity will exist between the grandsons.

sed si sic adoptauit, ut etiam iure legis nepos suus esset, quasi ex Lucio puta filio suo et ex matre familias eius natus esset, contra puto.

But if he has adopted him in such a way that he should also be his grandson by operation of law, as if, for example, he had been born of his son Lucius and his mater familias, I think the contrary.

Notes

§1.7.44.prmortuo auo — An ablative absolute construction (noun + participle) expressing time ('upon the death of the grandfather' or 'after the grandfather has died').
§1.7.44.prputa — Derived from the imperative of the verb putare ('think'), but used here parenthetically as an adverb meaning 'for instance' or 'for example'.
§1.7.44.prcontra puto — Means 'I think the contrary', implying that, unlike in the previous case (non puto...), the rights of consanguinity will indeed exist under these specific conditions.

Cite this passage

Justinian I, The Digest of Justinian §1.7.44.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.7.44.pr

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.