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NTLES VIT X. 13os puberty, and the woman Ming os a marriamable age, Whether thembe independentis dependent provide that, in the lalter Case, thenmus have the consent of the parenis in Whose powerine respectivel are the necessityis,hich, an evenis iis ing ovem fore in marriage takes place is recomise nolescis natural reason than is la . ence the question has arisen, camine clauoter o sonis a lunatic lawsully contractmarriages an a the doubi stili rematne wit regam to theson we decide that, like the aughter, the son os a lunaticinio mare 'even ithout the intervention os his ather, according to the mode prescribe by our constitution. It is nodi ery woman that cathe takend wise so marriage 1with certain classes os person is sorbidden Thus, personS relate a ascendant an descendant are incapable os lawsullyintermarrying sor instance, sather an claughter, grandiatheran granodau ter mother an son, grandmother an grand-son, an sol ad in imma and the union os suc personsis calle criminal and incestuous Andis absolute is the rute, that person relate a ascendant an descendant meret byadoption are so ulteri prohibite sto intermarriage that clissolutionis the adoption cloes not dissolve the prohibition :so that an adoptive aughter o granddau ter anno betaken to is even aster emancipation.
Collaterat relations also are subjecta simila prohibitions 2 hut notis stringent Brother and sister inclee are prohibitedisom intermarriage, hether thenare both of the fame satheran mother, o have only one parent in common : ut thoughan adoptive sister cannot during the subsistence of the adoption come a man's wise, yet is the adoption is dissolve byher emancipation, or is the an is emancipaled there is no impediment to thei intermarriage. Consequently is a manwishe to adoptiis son-in-law, he ought rs to emancipate his clauoter an is he wishe to adoptiis clauote in-la , he oughtrars to emancipate his son. A man manno marryrahisirother' or his sister' claughter, o even his orier grand-claughter, though shesis in the Murth degre sor,hen, mayno mar in person's claughter, e may no marry the grand- clauote either. But there seem to e no obstacle to aman' manying the clauoter os a Woman whom his sather has
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14 BOOx L. adopted sor in is no relationi his by either natural o civil law. The childrent two brother o sistere, oris a brother 5 an sister, may lawsuli intermarry. Again a man V notmar his sather' sister, even though the tie be meretradoptive, nor his mother' sister sor thenare considere to stand in therelationis ascendanis For the fame reason to a man w6 not marryciis great-aunt either paternalis maternat. Certain marriages again are prohibite o the ground of amni , ortherii belween a man or his is and the in os the ther respectively. For instanCe, a man manno marr hi Wise'sclaughter o his son's wise, sor both are toti in the positionos claughtere By wise' daughter o son's wise e must beunderstoo to mea person who have been thus relate tous for is a woman is stilloour claughter-in-law, that is, is still
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claughter, o a Mother an sister, acquire Deedom by manumission There are ais other persons whorio various reasons 1 lare sorbidde to intermar , a listis hom,e have permitted tote inserte in the book of the Digestir Pandect collectedisom the olde laW. Alliances which infring the rules here state domo conser lathe status os hvsband and wise, nor is there in such case either
edi Eo marriami clow . Consequently childrenior ossuch a connectiomare not in their ather' power, but a regaros the lauer are in the positionis Children bor os promiscuous intercourse, ho, thei paternit bein uncertain, are deemedio have oriather at all, and who are Calle basiards, either m the Gree wor denotin illicit intercourse, or beCauseth rure satherless. Consequently on the dissolutionis sucha connectio there an e no laim sor retur os doW . Person who Contracturohibite marriages are subjecte topenalties et ori in ur sacre constitutions.
Sometimescit happens that hildren who are o bom in 13 thei sather' power are subsequently brought unde it Suchfor instance is the case os a natura son ad subjectri hissather' powe by bein inscribe a member of the curia ancisorio is that os a child os a ree woman with whom his sather cohabited though he could have lawsully marrie her, hocis subjecte to the power of his sathe by the subsequent mar-riam an eκecutionis a dowr dee accordin to the termsos our constitution and the fame boon is in effect estowed by that enacimenti chilore subsequently bor of the fame
mwer but also adoptive children Adoption is os two forms, in effecte eitheris rescript of the Emperor, o by the judiciat authorit os a magistrate. The rst is the mode 1 in hic we adopi independent persons, and this sor os adoption is calle adrogation the secon is the mode in Which, adoptin person subjecta thelower os an ascendant,
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16 BOOx Lwhether a descendant in the fini degree, as a son or clauoter,
settie by our constitution, hen a chil in powerris give in adoption to a strange by his naturat isther, the power of the lalter is no extinguished no right passes to the adoptive sather, nor is the person adopted in his power, though,e have give a right os succession in case of the adoptive sather dyingintestate. But is the person to hom the chil is give in adoption by iis natural sather is no a stranger, but the child'sown materna grandiather, or supposing the ather o have been emancipaled iis Paterna grandiather, or it great- grandiather paterna o maternat, in his case, hecause theright give by nature and thos give is adoption re vesteri in ne and the fame person the old power of the adoptive
sather is est unimpatred the strength of the natura honesos blood Min augmente by the civit ne os adoption so that the chil is in the amit an power os an adoptive sather, tween whom an himself there existe antecedently the re-3 lationshi described. When a chiId unde the age of pubertuis adopted by rescriptis the Emperor the adrogation is nivpermitted aster cause Ahown the goodnes of the motive ancline expediency of the te so the pupilleing enquire into. The adrogation is also made unde certain condition that isto say the adrogator has to give securi rio a public agent or
am os puberty, he will retur his properent the persons ho ould have succeeded hi ha no adoptio taken place Theadoptive sather again anno emancipate them unies uponenqui thenare Mund deseruingis emancipation, o without
restoring them thei property. inalty isae disinheriis himat death, or emancipales him in his lilatime without just cause, hecis oblige to leave him a fourthis his own property, besides that whic he brouo him hen adopted or is subsequent
acquisition. It is seule that a man cannot aclopi another person olde than himself, O adoption imitates nature, an itwould e nnatura sor a sono he olde than his ather. Consequently a man who destres eithera adoptireto adrogate
a sonivght to e olde than in lalte by the sui term os
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a semit heir e thrus upon him against his ill but onine ther hand is a grandiathe wishes o ive a granosonis a Son in adoption to ome ne else, the Son' consent isno requisite. in adoptive chil is in os respecis in thera Same position a regard the ather, as a natura chil bomin lawsul wedlock Consequently a man caninive in adoptionto another a person whom he has adopte is imperiat rescript or hesore in praetor orinovernor os a province, provide that in his alter case he was notis stranger i. e. was a natural
acloptio agre in his Oint, that person incapable os pro- Creatio by natural impotencerare permittessito adopi, Whereas Castrate person are o allo e toto so. Again, omen 10 cannot adopi, sor even thei natura children areiso subjectio thei power but by the imperia clemency thenare en-ahle to adopi, to comson inem for the los os children whohave been taken Domihem. It is peculia to adoption Ilimperia rescript that hildren in the o er of the person rogated a weli a thei sather, sal unde the power of the rogator, assumin the position is grandchild ren. Thus
Augustus di not adopi Tiberius untii Tiberius ad adopted
Germanicus, in orde that the alter might ecome his own grandson directly the secon adoption was made The old lawriter recor a judicious opinion containe in the writingso Cato that the adoption os a lave by his master is equivalent to manumission In accordance it this, have in Our Wisclom vied by a constitutio that a flaverio hominis master gives the titie os son by the solem sormis a recordis thereis madesseee, although this is no suffcient to conseron him in right os a Son.
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Let usio examine the modes in hic persons dependento a superior ecome independent How laves are Demisom theso er of thei master cani gathere Dom-hathas atready been said respecting thei manumission Childreriunde paterna power ecome independent at the parent'sdeath, subject ineve to the solio in distinction Thedeat os a sather always rete es his sons and claughters rom dependenceri the deat os a grandiather releases his grand-children rom dependenc only provide that it cloes no su jeci them to the wwer of thei sather. hus, is at the deamo the grandiather the ather is alive an in his power, thegranochildren, after the grandiather's death, are in theso ero the ather: ut is a the time os in grandiather's deain the satheriis dead or no subject to the grandiather, in grand-children will nociali unde his power, but become independent iras deportation to an istandrior ome pena offence entatistos os citigenship suc remova os a man rom the lis os Roman citigens has like his death, the effect os liberatine his
children rom his power an conversely the deportatio of person subjectri paternalio e terminates theso er of the parent. In either case, however i the condemne person is pardone by the grace os the Emperor, he recovem ali his forme rictis. Relegation to an istan cloes no extinguishpaterna power, hether it is the parent o the chil in Is relegated Again a ather' power is extinguished by hisbecomin a alave os punishment, sor instance, by being con- demne to the mine or expose to it Masis. ut a person in paterna power cloes not ecome independent byentering the arm oraecomin a senator, o militar serviceor consula dignit cloes no se a son re seo the poweros his ather. ut nou constitutio the supreme digni os the patriciate rees a son rom power immediatelnon thereceiptis the imperia patent sor,ho oui allow anythingso nreasonable a that, hile a satheros able is emancipation to releas his sonorom the tie of his power, the
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liminium Morin escaperimm captivi in man recovers ali his forme rictis, an amon them the right os paterna power . ver his children the law of postliminium restingi a fictionthat in captive has neve been absent rom the state. Buti he dies in captivitnthe son is rechone to have been independent rom in momentis his ather' capture too, is a soni a grandson is captured by the enemy theso eris his ascendant is provisionali suspended, though may
again e subjected 'o it by postliminium his term is
clerive stom limen and post, hic explain Why- say thata person who has been captured by the enem an has come hac into ur territorie has returne is postliminium : sorjus a the threshol sorm the Mundar os ainouse so the ancient representes the oundaries os the empire athreshol and this is also the originis in term limes, signi*ingis hin os en an limit Thus postliminium means that the captive return by the fame inreshol at whic hewas lost. in captive horis recovere aster a victo ive theenem is deeme to have returne is postliminium. Eman 6cipatio also liberate chitore Dom the power of the parent. Formeri it was effecte eithe by the observanc os an oldsorm rescribe by statute is hic the so was fictilioustysold and then manumitted, o b imperiat rescript Our forethought however has amended this by a constitution, whichhas abolished the old fictilious som, an enable parent togo directinio a competent udge or magistrate, an in his
clauolers, and so on, stom thei power Aster inis, theriather has by the praetor Medici the fame right ove the propertyos the emancipaled chil as a patron has ver the properinos his seeedman an is a the time os emancipatio the child,
tionshipiis beneat the age os puber , theriatheriecomes by the emancipatio his oriser mardian. It is to e noted 7
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grandiather has the fame latitude os choice. Again is a sathergives a son whom heias in his power in adoption to the son's natura grandiather o great-grandiather, in accordance Withou Constitution on this subjeci, that is o say, b declaring his intention, besore a judge wit jurisdictio in the matter, in the ossicia recoms, an in the presence and with the Consentos the person adopted the natura sather' power is herebyextinguished, an passes to the adoptive sather, adoption is
Whom unde these circumstances retains, as e sald, ali iis
ot legat consequences It is to e noted that is our
or give the lalter in adoptio cluringier premancy the child when bom ill be in mur powera ut is the chil is conceivedaster iis ather' emancipationi adoption it is in theso ero iis natura satheris iis adoptive grandiather, a the Me 10 may be Children, hether natural o adoptive are Only e rarely able to compei thei parent to releas inem sto his
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but a granoson or granddaughter an receive a testamenta
mission his Deedom is to e presume to have been tacitly conferre onaim, hereis his appotniment ecomes a validaci, although of courserit is otherwiseris the testator appotntedhim Dardian in the erroneous belles that he was Dee. The
additionis qualification is void though valid is the words when he hali e ree are addet but his alter sor is inessectua is the flave is the testator' own the appotniment bein void rom the eginning Is a lunati or minor is 2APPotnte testamentar mardian, he cannot ac untii, is a
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There is no doub that a mardian may be appotnte soranes hom in certain time, o conditionalty or besore the institutionis the heir. A mardian cannot howeve he wpointe sor a particular matteries siness, hecause his cluties relate to the person, an no memini a particula business
o THE STATUTOR GUARDIANSUI O AGNATES. In desauit os a testamenta inuardian, the statute of the Twelve Tabies assigns the mardianship to the neares agnat , who areience calle statuto inuardians Agnate are Per-Son relate to ne anotheris males that is, throuo their male ascendandi instance, a brothe by the fame sather, a brother' son, o such son' son, a sather' brother, his sonor son' Son. ut person relate oni is loo throughsemales are not agnates, but merely cognates Thus the sonos ou satherri sister is no agnate Dyours, but meretWyour cognate, an vice versa sor hildre are member of their 2 ather' samily, and notis thei mother's. It was sal that thestatute confers the guardianship in caseis intestacy on theneares agnates; ut by intestac must here M underet clno oni complete intestac os a person ming ower toappoint a testamenta auardian, but also the mere omissionto mali suc appotniment, an also in case of a pereon