[Iustiniani Institutiones]

a Concur. § if I adopt the son of my brother, he does not subject him to my power. R. According to Joannes, what is the naturalia natural/birth-related and what is the alia other. It is not in the son of my brother, Accursius.
b Law: he is to be preferred to him with whom he competes in one, and thus two reasons prevail over one, as in the Authenticum, "On the office of the administrator," § i., coll. vi., and Code, "On the edict of the divine..."
To take away, i.e., finally, if one is better than two, as is gathered in the Digest, "On the duties of a witness," and the Digest, "On the children," i., written.
b With him who is written i.e., in a testament as he who is of his own right, as he who is in power.
c Consider what is in the cases which are written through the order in the Digest, title "On the children," § in arrogations and i., until the end of the § finally, and certain things which endure in the person of the impubes underage child, which also endure there.
d If honest, i.e., not by that which is placed, as above, the things... and as in the Digest, title i., nor to him, § of them.
e And that caution, i.e., that he provides caution, he permits with faith/security, as in the Digest, title i., nor to him, § finally, and Code, "On the meaning of words," we establish.
e Persons. Who is publicly, as in the Code, title i., i. Or else a slave, as a notary tabellio notary/scribe is, as in the Code, "On notaries," general law, i., § certainly, thus it is said that he serves publicly.
§ Restored. To the future of the inheritance of the man from testament or intestacy, f. t. vi. § f. to be entered, so that it might not be provided for all legatees with caution, the ward dying in the age of wardship. Or these things, that that wardship substance vanishes, as in the Code, title "On the wardship," and the law "To these who twice," and the § "On the wardship substitution," § i. § 3 Does it not, without this caution being made, admit that the said persons are admitted from the testament? R. No, the testament is broken by the smallest change, namely by arrogation, as in the § "On the manner of making a testament," below, § finally, which does not... So are they never admitted without this caution? R. No, because the father-arrogator would occupy all the property, as in the Digest, "On the castrense peculium" property acquired in military service, law ii. This caution is omitted because of the man, as in the Digest, "On the words," at the end, as also in the Code, "On the action for the recovery of a thing," law one, § i. § 3 Why do the legitimate ones not stipulate regarding the wardship age, if it was to be considered? As in the Digest, "On the children," i. Julian: for he could have made a testament, as in the § "On those from which causes," § "When therefore."
b To the same. As if he instituted this adopted one as heir if he were emancipated. And then you ask, he loses because he defers to the place of the arrogator, as below, pr. Digest, title "On the children," who are in fraud of the parents, law finally, according to some. Or say that then he does not lose the quarter, as in the § "On testament," the Digest, it is proven, because it is saved, and he is legitimate who is understood as he who is, because he is the father who provoked the father from anger and the secret, and he could be an heir and the benefit of coll-

he disinherited, or while alive without a just cause emancipated him, he is ordered to leave the fourth part of his goods, namely, besides the goods which he transferred to the adoptive father, whose convenience he later acquired. It is agreed that one younger in age cannot adopt one older. Adoption imitates nature, since it is a monster that a son is older than the father. Therefore, he who makes a son for himself through adoption or arrogation ought to have full puberty, that is, eighteen years.

Although, however, one may adopt in the place of a grandson or great-grandson, or granddaughter or great-granddaughter, and so on, even if one does not have a son. And thus one may adopt an extraneous son in the place of a grandson.

brought back and offered to be revoked, as in the Code, "On the revocation of gifts," law finally, and in the Authenticum, "On children," § "to those," coll. vi. And thus understand the response which follows.
i But if he disinherited, or omitted, as in the Digest, title "If the arrogator," and he orders, that he does not provide for himself, thus left, because then if it is valid, as in the Code, "On the mutation of nuptials," law "From that," and Code, "On the making of a testament," reference to the law "Hanc consultationem" § finally. It is possible that he adopts in the place of a grandson, or in the place of a son. But if anyone adopts in the place of a grandson, or as if from that son whom he already has adopted, or as if from him whom he has naturally in his power, in that case the son ought to feel, so that the suus heres immediate heir/one's own heir is not recognized to him. But if the grandfather gives in adoption a grandson from a son, it is not necessary for the son to consent. In many cases, however, he who is adopted or arrogated is assimilated to him who is born from legitimate matrimony, and therefore if anyone, through the emperor or the provincial president, has adopted an extraneous person, he can give him to another in adoption. But also this is truer, that it is common to adoption, that those who

vul. sub. but if more, § in arrogation.
n Younger in age, i.e., in birth. Thus the Digest, "On minors," law i., § i.
o Imitates, Placentinus, because sometimes not, as below, title "On those," § i., in many cases.
p It is a monster, i.e., not according to nature, because it is against nature, as... Digest... that they are not free children.
q Older, namely, in time, not in person.
r And so many years, i.e., so many years as one must have before the adopter and the adopted, and he who makes himself in full puberty, of as much time as one who is never... for more adoptions in more times in so much time.
R. No, as I think, because nature even in one year, because the divine act or even one can have more sons, and because adoption imitates nature, as elsewhere. And not in more ways is "full puberty" said, for sometimes 13 years, as in "On the manner of making a testament," § i. and § i. R. I. in other years, as in the Authenticum, "On the Republic," Nov. 119 coll. vii., or 17 years, as in "On the manner in which..." s. finally, and "On the power of the father," law i., as puberty is between 14 years, as in the Digest, "On the nourishment of children," law "Melantus."
t If someone does not have, or if he has a grandson, in which case however it is against nature, as in the Digest, title "If he has a wife."
u In the place of a grandson, or from whom he has naturally, as in the Digest, title "If he has two," not in the place of a brother, as in the title "On the substitution," nor among...
f Consent. Which see, that so, for it is said regarding those in two, and...