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The Institutes of Justinian by Unknown
page 21 of 272 (07%)
13 Sometimes it happens that children who are not born in their
father's power are subsequently brought under it. Such for
instance is the case of a natural son made subject to his father's
power by being inscribed a member of the curia; and so too is
that of a child of a free woman with whom his father cohabited,
though he could have lawfully married her, who is subjected to
the power of his father by the subsequent execution of a dowry
deed according to the terms of our constitution: and the same
boon is in effect bestowed by that enactment on children sub-
sequently born of the same marriage.

TITLE XI
OF ADOPTIONS

Not only natural children are subject, as we said, to paternal
power, but also adoptive children. 1 Adoption is of two forms,
being effected either by rescript of the Emperor, or by the
judicial authority of a magistrate. The first is the mode in which
we adopt independent persons, and this form of adoption is
called adrogation: the second is the mode in which we adopt a
person subject to the power of an ascendant, whether a
descendant in the first degree, as a son or daughter, or in a
remoter degree, as a grandson, granddaughter, great-grandson,
or great-grand-daughter. 2 But by the law, as now settled by
our constitution, when a child in power is given in adoption
to a stranger by his natural father, the power of the latter is not
extinguished; no right passes to the adoptive father, nor is the
person adopted in his power, though we have given a right of
succession in case of the adoptive father dying intestate. But
if the person to whom the child is given in adoption by its
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