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Justinian I · The Digest of Justinian §1.9.5.pr

Definition of a Senator's Son and Adopted Children

Passage 164 of 9271 · Latin

Summary

Defines "the son of a senator" as including both natural and adopted sons, regardless of the adoption process or whether the son was received before or after the father attained senatorial status.

[ULPIANUS libro primo ad legem Iuliam et Papiam. ] §1.9.5.prSenatoris filium accipere debemus non tantum eum qui naturalis est, uerum adoptiuum quoque: neque intererit, a quo uel qualiter adoptatus fuerit nec interest, iam in senatoria dignitate constitutus eum susceperit an ante dignitatem senatoriam.
[ULPIAN, On the Lex Julia et Papia, book 1] We ought to understand "the son of a senator" to mean not only him who is a natural son, but also an adopted one; and it will make no difference by whom or in what manner he was adopted, nor does it matter whether the father, already established in the senatorial dignity, received him, or did so before obtaining the senatorial dignity.

Notes

  1. 1.9.5.praccipere — Here, `accipere` means "to understand" or "to interpret," used in the context of statutory interpretation to define the scope of a specific legal term.
  2. 1.9.5.priam in senatoria dignitate constitutus eum susceperit — The subject of both the nominative perfect participle `constitutus` and the perfect subjunctive `susceperit` is the father (the senator), who is omitted from the context. `suscipere` refers to acknowledging or receiving a newborn child as one's own.

Cite this passage

Justinian I, The Digest of Justinian §1.9.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.9.5.pr

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