in lawful wedlock; consequently they must be either instituted or
disinherited according to the rules stated for the disinherison of
natural children. When, however, they have been emancipated by their
adoptive father, they are no longer regarded as his children either
by the civil law or by the praetor's edict. Conversely, in relation to
their natural father, so long as they remain in the adoptive family they
are strangers, so that he need neither institute nor disinherit them:
but when emancipated by their adoptive father, they have the same rights
in the succession to their natural father as they would have had if it
had been he by whom they were emancipated. Such was the law introduced
by our predecessors.

5 Deeming, however, that between the sexes, to each of which nature
assigns an equal share in perpetuating the race of man, there is in this
matter no real ground of distinction, and marking that, by the ancient
statute of the Twelve Tables, all were called equally to the succession
on the death of their ancestor intestate (which precedent the praetors
also seem to have subsequently followed), we have by our constitution
introduced a simple system of the same kind, applying uniformly to sons,
daughters, and other descendants by the male line, whether born before
or after the making of the will. This requires that all children,
whether family heirs or emancipated, shall be specially disinherited,
and declares that their pretermission shall have the effect of avoiding
the will of their parent, and depriving the instituted heirs of the
inheritance, no less than the pretermission of children who are family
heirs or who have been emancipated, whether already born, or born after,
though conceived before the making of the will. In respect of adoptive
children we have introduced a distinction, which is explained in our
constitution on adoptions.

6 If a soldier engaged on actual service makes a testament without
specially disinheriting his children, whether born before or after the
making of the will, but simply passing over them in silence, though he
knows that he has children, it is provided by imperial constitutions
that his silent pretermission of them shall be equivalent to special
disinherison.

7 A mother or maternal grandfather is not bound to institute her or his
children or grandchildren; they may simply omit them, for silence on the
part of a mother, or of a maternal grandfather or other ascendant, has
th