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Justinian I · The Digest of Justinian §43.26.16.pr

Adoption of a Precarium Holder and Possession by the Adopter

Passage 7166 of 9271 · Latin

Summary

On how an adoptive father who adopts a person who requested by precarium also acquires possession by precarium.

[IDEM libro trigensimo secundo ad Sabinum. ] §43.26.16.prSi adoptauero eum, qui precario rogauerit, ego quoque precario possidebo.
[THE SAME, Commentary on Sabinus, book thirty-two.] If I adopt someone who has requested by precarium, I also will possess by precarium.

Notes

  1. §43.26.16.pradoptauero — Future perfect indicative active, first-person singular of adoptare. In the conditional clause, it denotes an action that must be completed prior to the future action of the main verb (possidebo). The same temporal relation applies to rogauerit (future perfect of rogare) in the relative clause.
  2. §43.26.16.prego quoque — It indicates that the possession which the adopted person (who becomes a filius familias) had held by precarium, or had requested from a third party, is transferred to the adoptive father (pater familias) as a consequence of the establishment of paternal power.

Cite this passage

Justinian I, The Digest of Justinian §43.26.16.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:43.26.16.pr

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