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Justinian I · The Digest of Justinian §38.5.13.pr

Property Rights of Impubes Adoptee and Fraudulent Actions

Passage 6015 of 9271 · Latin

Summary

The text discusses the property rights of an adopted pupillary child under the constitution of the divine Pius (the Antonine fourth and acquired assets), and the remedies (analogous actions) against fraudulent alienations or unjustified emancipation.

[PAULUS libro decimo ad legem Iuliam et Papiam. ] §38.5.13.prConstitutione diui Pii cauetur de impubere adoptando, ut ex bonis, quae mortis tempore illius qui adoptauit fuerunt, pars quarta ad eum pertineat qui adoptatus est: sed et bona ei, quae adquisiit patri, restitui iussit: si causa cognita emancipatus fuerit, quartam perdit.
[PAULUS in the tenth book on the Lex Iulia et Papia.] In a constitution of the divine Pius, provision is made concerning the adoption of a pupillary child, that a fourth part of the property which belonged to the adopter at the time of his death should belong to the person who was adopted; but he also ordered that the property which the adopted child acquired for his father should be restored to him; if he has been emancipated after a hearing of the cause, he loses the fourth.
si quid itaque in fraudem eius alienatum fuerit, quasi per Caluisianam uel Fauianam actionem reuocandum est.
Therefore, if anything has been alienated to defraud him, it must be revoked as if by the Calvisian or Favian action.

Notes

  1. 38.5.13.pradquisiit patri — Refers to what the adopted child (who was under power) acquired for his adoptive father (the paterfamilias). In Roman law, a person under power could not acquire property for himself, but all acquired assets went to the paterfamilias; this constitution ordered such property to be restored (restitui) to the child.
  2. 38.5.13.prquasi per Caluisianam uel Fauianam actionem — The Calvisian and Favian actions were originally designed to protect a patron against fraudulent alienations made by a freedman. Here, it indicates that a similar (quasi) action is granted to the adopted child to recover property alienated to defraud him of his fourth share (quarta Antonina), such as in the case of an unjustified emancipation.

Cite this passage

Justinian I, The Digest of Justinian §38.5.13.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.5.13.pr

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