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Justinian I · The Digest of Justinian §1.7.5.pr

Consent Required in Adoption of Independent and Dependent Persons

Passage 107 of 9271 · Latin

Summary

It explains that while only the will of the person concerned is examined in the adoption of those who are independent, the choice of both the father and the child (either by consent or non-opposition) must be considered when children are given in adoption by their father.

[CELSUS libro uicensimo octauo digestorum. ] §1.7.5.prIn adoptionibus eorum dumtaxat, qui suae potestatis sunt, uoluntas exploratur: sin autem a patre dantur in adoptionem, in his utriusque arbitrium spectandum est uel consentiendo uel non contradicendo.
[CELSUS in the twenty-eighth book of Digests.] In the adoptions of those only who are under their own power is their will investigated; but if they are given in adoption by their father, in these cases the choice of both must be regarded, either by consenting or by not objecting.

Notes

  1. 1.7.5.prutriusque — Genitive singular of the pronoun uterque. It refers here to the two parties: the child being given in adoption and the father who holds power over them.
  2. 1.7.5.pruel consentiendo uel non contradicendo — Ablatives of the gerund, expressing means or manner, modifying the preceding spectandum est ("must be regarded"). It is understood as corresponding to the actions of the respective parties: the father consenting (consentiendo) and the child not objecting (non contradicendo).

Cite this passage

Justinian I, The Digest of Justinian §1.7.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.7.5.pr

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