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Justinian I · The Digest of Justinian §49.17.12.pr

Prohibition of Depriving Military Peculium Upon Adoption or Emancipation

Passage 8630 of 9271 · Latin

Summary

This section states the principle that a father cannot deprive his soldier-son of his military property, even when giving him in adoption or emancipating him.

[PAPINIANUS libro quarto decimo quaestionum. ] §49.17.12.prPater, qui dat in adoptionem filium militem, peculium ei auferre non potest, quod semel iure militiae filius tenuit.
[PAPINIANUS in his fourteenth book of Questions.] A father who gives a soldier-son in adoption cannot take away from him the property which the son has once held by the law of military service.
qua ratione nec emancipando filium peculium ei aufert, quod nec in familia retento potest auferre.
For the same reason, neither by emancipating the son does he take away his property, which he cannot take away even when the son is retained in the family.

Notes

  1. §49.17.12.prei auferre — The pronoun ei is a dative of separation (dativus separationis) used with the verb auferre (to take away), meaning "from him".
  2. §49.17.12.prretento — The perfect participle retento (with filio understood) in the phrase in familia retento expresses concession or condition ("even when retained in the family"). Grammatically, it can be interpreted either as a dative agreeing with the dative of separation (ei) implied from the context, or as an ablative absolute.

Cite this passage

Justinian I, The Digest of Justinian §49.17.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.17.12.pr

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