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The Institutes of Justinian by Unknown
page 27 of 272 (09%)
before a judge with jurisdiction in the matter, in the official
records, and in the presence and with the consent of the person
adopted, the natural father's power is thereby extinguished, and
passes to the adoptive father, adoption by whom under these
circumstances retains, as we said, all its old legal consequences.
9 It is to be noted, that if your daughter-in-law conceives by
your son, and you emancipate or give the latter in adoption
during her pregnancy, the child when born will be in your power;
but if the child is conceived after its father's emancipation or
adoption, it is in the power of its natural father or its adoptive
grandfather, as the case may be. 10 Children, whether natural
or adoptive, are only very rarely able to compel their parent to
release them from his power.

TITLE XIII
OF GUARDIANSHIPS

Let us now pass on to another classification of persons. Persons
not subject to power may still be subject either to guardians or
to curators, or may be exempt from both forms of control. We
will first examine what persons are subject to guardians and
curators, and thus we shall know who are exempt from both
kinds of control. And first of persons subject to guardianship or
tutelage. 1 Guardianship, as defined by Servius, is authority
and control over a free person, given and allowed by the civil
law, in order to protect one too young to defend himself: 2 and
guardians are those persons who possess this authority and
control, their name being derived from their very functions; for
they are called guardians as being protectors and defenders,
just as those entrusted with the care of sacred buildings are
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