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Justinian I · The Digest of Justinian §37.8.6.pr

No Joinder of an Adopted Grandson upon Emancipation of the Son

Passage 5803 of 9271 · Latin

Summary

If a paterfamilias adopts a stranger as a grandson through a son in his power and then emancipates that son, the adopted grandson cannot be joined with the emancipated son, as the paternal relationship between them has ceased.

[SCAEUOLA libro quinto quaestionum. ] §37.8.6.prSi quis filium habens in potestate extraneum in nepotis locum quasi ex eo filio natum adoptet, mox filium emancipet, non iungetur hic nepos filio emancipato, quia desiit esse emancipato ex liberis.
[SCAEVOLA in the fifth book of Questions.] If anyone, having a son under his power, should adopt a stranger into the place of a grandson as if born from that son, and soon after should emancipate his son, this grandson will not be joined with the emancipated son, because he has ceased to be among the children to the emancipated one.

Notes

  1. §37.8.6.prquasi ex eo filio natum — The participle natum modifies extraneum (accusative singular masculine), the direct object of adoptet, and accompanied by quasi ("as if"), it describes the legal fiction created by the adoption.
  2. §37.8.6.premancipato — A dative of reference or interest modifying desiit esse ex liberis ("ceased to be among the children in relation to the emancipated one"), indicating the standpoint of the emancipated father.

Cite this passage

Justinian I, The Digest of Justinian §37.8.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:37.8.6.pr

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