Justinian I · The Digest of Justinian §2.4.7.pr

Summoning the Parents of an Adoptive Father

Passage 271 of 9271 · Latin

Summary

It is permitted to summon the parents of an adoptive father to court without penalty. This is because they are not considered the adoptive child's parents, as the child only becomes a cognate to those with whom he also shares an agnate relationship.

[IDEM libro quarto ad edictum. ] §2.4.7.prPatris adoptiui parentes impune uocabit, quoniam hi eius parentes non sunt, cum his tantum cognatus fiat quibus et adgnatus.

[THE SAME, in the fourth book on the Edict.] One will with impunity summon the parents of an adoptive father, since these are not his parents, inasmuch as he becomes a cognate only of those to whom he also becomes an agnate.

Notes

§2.4.7.prcum his tantum cognatus fiat quibus et adgnatus — A causal `cum` clause taking the subjunctive `fiat`. It explains the legal rule that an adopted child becomes a cognate (`cognatus`) only of those with whom he also establishes an agnate (`adgnatus`) relationship in the adoptive family. The particle `et` here means "also".

Cite this passage

Justinian I, The Digest of Justinian §2.4.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.4.7.pr

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