Humanitext Reader

Justinian I · The Digest of Justinian §49.15.13.pr

Status of a Captured Son Returning After Father's Emancipation

Passage 8585 of 9271 · Latin

Summary

It is explained that if a father who entered an adoptive family by adrogatio is later emancipated, his son who was captured by the enemy during that time will, upon returning, retroactively regain the status of a grandson to the adoptive father.

[PAULUS libro secundo ad Sabinum. ] §49.15.13.prSi me tibi adrogandum dedissem, emancipato me reuersum ab hostibus filium meum loco nepotis tibi futurum constat.
[PAULUS, Book 2 on Sabinus] If I had given myself to you to be adrogated, it is established that, after I have been emancipated, my son, upon returning from the enemy, will be in the position of a grandson to you.

Notes

  1. §49.15.13.premancipato me — An ablative absolute consisting of the perfect participle `emancipato` and the pronoun `me`. It refers to the situation where the adrogated father is emancipated by the adoptive father while his son is still held captive by the enemy.
  2. §49.15.13.prreuersum ab hostibus filium meum loco nepotis tibi futurum constat — The impersonal verb `constat` takes an accusative with infinitive (ACI) clause as its subject, where `filium meum` (modified by the participle `reuersum`) is the subject accusative and the future infinitive `futurum [esse]` is the predicate. `loco nepotis` is an ablative of position, and `tibi` is a dative of reference. This reflects the retroactive effect of postliminium, where the son returns to the status he had at the time of capture.

Cite this passage

Justinian I, The Digest of Justinian §49.15.13.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.15.13.pr

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