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The Institutes of Justinian by Unknown
page 23 of 272 (08%)
as grandson or granddaughter, or as great-grandson or great-
granddaughter, and so on, without having a son at all himself;
6 and similarly he may adopt another man's son as grandson,
or another man's grandson as son. 7 If he wishes to adopt
some one as grandson, whether as the son of an adoptive son
of his own, or of a natural son who is in his power, the consent
of this son ought to be obtained, lest a family heir be thrust
upon him against his will: but on the other hand, if a grandfather
wishes to give a grandson by a son in adoption to some one else,
the son's consent is not requisite. 8 An adoptive child is in most
respects in the same position, as regards the father, as a natural
child born in lawful wedlock. Consequently a man can give in
adoption to another a person whom he has adopted by imperial
rescript, or before the praetor or governor of a province, pro-
vided that in this latter case he was not a stranger (i.e. was a
natural descendant) before he adopted him himself. 9 Both
forms of adoption agree in this point, that persons incapable of
procreation by natural impotence are permitted to adopt, where-
as castrated persons are not allowed to do so. 10 Again,
women cannot adopt, for even their natural children are not
subject to their power; but by the imperial clemency they are
enabled to adopt, to comfort them for the loss of children who
have been taken from them. 11 It is peculiar to adoption by
imperial rescript, that children in the power of the person
adrogated, as well as their father, fall under the power of the
adrogator, assuming the position of grandchildren. Thus
Augustus did not adopt Tiberius until Tiberius had adopted
Germanicus, in order that the latter might become his own
grandson directly the second adoption was made. 12 The
old writers record a judicious opinion contained in the writings
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