the civil one of adoption, so that the child is in the family and
power of an adoptive father, between whom and himself there existed
antecedently the relationship described.
3 When a child under the age of puberty is adopted by rescript of
the Emperor, the adrogation is only permitted after cause shown, the
goodness of the motive and the expediency of the step for the pupil
being inquired into. The adrogation is also made under certain
conditions; that is to say, the adrogator has to give security to a
public agent or attorney of the people, that if the pupil should die
within the age of puberty, he will return his property to the persons
who would have succeeded him had no adoption taken place. The adoptive
father again may not emancipate them unless upon inquiry they are found
deserving of emancipation, or without restoring them their property.
Finally, if he disinherits him at death, or emancipates him in his
lifetime without just cause, he is obliged to leave him a fourth of
his own property, besides that which he brought him when adopted, or by
subsequent acquisition.
4 It is settled that a man cannot adopt another person older than
himself, for adoption imitates nature, and it would be unnatural for a
son to be older than his father. Consequently a man who desires either
to adopt or to adrogate a son ought to be older than the latter by the
full term of puberty, or eighteen years.
5 A man may adopt a person 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,
provided 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
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