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Justinian I · The Digest of Justinian §50.1.16.pr

Loss of Municipal Citizenship upon Emancipation from an Adoptive Father

Passage 8659 of 9271 · Latin

Summary

This section explains that a son emancipated by his adoptive father loses not only his status as an adopted son but also his citizenship in the municipality he joined through adoption.

[HERMOGENIANUS libro primo iuris epitomarum. ] §50.1.16.prSed si emancipatur ab adoptiuo patre, non tantum filius, sed etiam ciuis eius ciuitatis, cuius per adoptionem fuerat factus, esse desinit.
[HERMOGENIANUS, Epitomes of Law, Book I] But if he is emancipated by his adoptive father, he ceases to be not only a son, but also a citizen of that municipality of which he had become a member through adoption.

Notes

  1. 50.1.16.premancipatur — The subject of the verb emancipatur (passive, present, third-person singular) is not explicitly stated but is understood from the preceding section (§50.1.15.3) as filius (son). In Roman law, emancipare refers to the release of a person from paternal power (patria potestas).
  2. 50.1.16.prcuius ... fuerat factus — The antecedent of the relative pronoun cuius (feminine singular genitive) is ciuitatis. Within the relative clause, the noun ciuis is understood as a complement to fuerat factus (pluperfect passive of facio), meaning 'of which [city] he had become [a citizen] through adoption.'

Cite this passage

Justinian I, The Digest of Justinian §50.1.16.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.1.16.pr

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