[Iustiniani Institutiones] (1476) - Page 29

or in his goods which he used to place before his son. Therefore, to be sent, as in the Digest, book I, "On the instituted heir," that he does not do?, as in the same place, section 8, "On the heir who from the mother," "On the et bij and two," and "What in the person of that emphyteusis right of long-term lease." Wherefore, in the person of his natural father, it does not return by this law either, as in book 3, title I, section "Re." And to the first, I reply that in another way the person of that emphyteusis is created by him. To the second, I say that the prerogatives rights/privileges of the person cannot be estimated, as in the Digest, "On the son under power," section "The vulgar."

Castrated men original: "spadones" cannot adopt, for they cannot have natural children in their power. But by the indulgence of the princes, for the consolation of lost children, they may adopt. That is the peculiar property of the adoption which is made through the sacred oracle: that he who has children in his power, if he gives himself to be arrogated original: "arrogandum", not only is he himself subjected to the power of the arrogator, but also his children become subjected to the same power, as if they were grandsons. Thus also the divine Augustus adopted Tiberius before him, and he adopted Germanicus, so that Germanicus, when the adoption was completed, might begin to be the grandson of Augustus. Among the Catones original: "Cathonem", it is well written that the ancients brought forward that a slave adopted by his master was, by this very fact, set free. We too, learned in this...

Castrated men whose genitals have been cut off with a knife or blade can adopt, and the reason is because their condition is an impediment of nature, not of accident, as in the Digest, "On postulations," book I, section "The fourth," section "I," and note and note that they are commonly and indiscriminately called eunuchi eunuchs. They cannot themselves be arrogated, as in the Digest, section "On the same," for women are not eunuchs, as they do not have children in the specified manner, and so forth. To this end, Digest, "On the testament"...

By this constitution, we establish that even that slave whom his master, with the actions of his mind, has named his son, is free. Although this is not sufficient for him to receive the right of a son.

Let us now see in what ways those who are subject to another's right are released from that right, and indeed, in what manner slaves are released from power. From these things we can understand what we have explained above concerning the manumission of those who are to be freed.

But those who are in the power of a parent become of their own right when he dies. But this receiving a distinction. For when a father dies, sons and daughters in every way become of their own right. When a grandfather dies, grandsons and granddaughters do not in every way become of their own right, but only if after the death of the grandfather they do not fall into the power of their father. Therefore, if the father dies while the grandfather is living...

...so that he might adopt that Germanicus, whom he made, and later he arrogated this Tiberius. Therefore, he also had Germanicus in the place of a grandson.
m Which this Tiberius...
n As in the primum first section i., an action made by the prince.
Adopted, original: "scza", by the master, from him he cannot be a freedman, as in the Digest, section "On the same," section "Finally," if the father in...

q Established, as in the Code, "On Latin freedmen," title I, "The one," section "Daughters," and how they were accepted.
f Accursius: In the presence of the judge, saying these words: "This is my son," according to Accursius, or as I think, it was done in the presence of the judge so that the son might become adoptive. And thence a writing was made, though the matter proceeds to the perfection as is said in the praetor's magistrate's edict, in the previous cause. Another thing in the Digest, and the judgment that such things might be done so that they might be increased, as in the Code, "On freedmen," 4, section "By the authority." Thus collected, and above, in the verse, "What I do is not valid as I do it."