The Institutes of Justinian by Unknown
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page 23 of 272 (08%)
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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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