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Justinian I · The Digest of Justinian §1.7.6.pr

Consent of a Son to the Adoption of a Grandson as His Child

Passage 108 of 9271 · Latin

Summary

Paulus states that when a grandson is adopted as if born of a specific son, the consent of that son is required because it affects his family structure, citing Julian's authority.

[PAULUS libro trigensimo quinto ad edictum. ] §1.7.6.prCum nepos adoptatur quasi ex filio natus, consensus filii exigitur, idque etiam Iulianus scribit.
[PAULUS in the thirty-fifth book on the Edict.] When a grandson is adopted as if born of a son, the consent of the son is required; and Julian also writes this.

Notes

  1. §1.7.6.prquasi ex filio natus — This phrase refers to a situation where a grandfather adopts a grandson specifically under the line of a particular son ("as if born from [that] son"). Since this directly affects the son's family structure and future inheritance rights (as the adopted child would enter his power upon the grandfather's death), the son's consent (consensus) is required.
  2. §1.7.6.pridque — The pronoun id is a neuter singular accusative referring back to the entire legal proposition of the preceding clause (that the son's consent is required when a grandson is adopted under his line). The enclitic conjunction -que connects this statement to the authority of the jurist Julian (Iulianus).

Cite this passage

Justinian I, The Digest of Justinian §1.7.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.7.6.pr

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