who, their
paternity being uncertain, are deemed to have no father at all, and
who are called bastards, either from the Greek word denoting illicit
intercourse, or because they are fatherless. Consequently, on the
dissolution of such a connexion there can be no claim for return of
dowry. Persons who contract prohibited marriages are subjected to
penalties set forth in our sacred constitutions.
13 Sometimes it happens that children who are not born in their father's
power are subsequently brought under it. Such for instance is the case
of a natural son made subject to his father's power by being inscribed a
member of the curia; and so too is that of a child of a free woman with
whom his father cohabited, though he could have lawfully married her,
who is subjected to the power of his father by the subsequent execution
of a dowry deed according to the terms of our constitution: and the same
boon is in effect bestowed by that enactment on children subsequently
born of the same marriage.
TITLE XI. OF ADOPTIONS
Not only natural children are subject, as we said, to paternal power,
but also adoptive children.
1 Adoption is of two forms, being effected either by rescript of the
Emperor, or by the judicial authority of a magistrate. The first is the
mode in which we adopt independent persons, and this form of adoption
is called adrogation: the second is the mode in which we adopt a person
subject to the power of an ascendant, whether a descendant in the first
degree, as a son or daughter, or in a remoter degree, as a grandson,
granddaughter, great-grandson, or great-granddaughter.
2 But by the law, as now settled by our constitution, when a child in
power is given in adoption to a stranger by his natural father, the
power of the latter is not extinguished; no right passes to the adoptive
father, nor is the person adopted in his power, though we have given a
right of succession in case of the adoptive father dying intestate.
But if the person to whom the child is given in adoption by its natural
father is not a stranger, but the child's own maternal grandfather, or,
supposing the father to have been emancipated, its paternal grandfather,
or its great-grandfather paternal or maternal, in this case, because the
rights given by nature and those given by adoption are vested in one
and the same person, the old power of the adoptive father is left
unimpaired, the strength of the natural bond of blood being augmented by
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