FREE BOOKS

Author's List




PREV.   NEXT  
|<   14   15   16   17   18   19   20   21   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36   37   38  
39   40   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   >>   >|  
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
PREV.   NEXT  
|<   14   15   16   17   18   19   20   21   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36   37   38  
39   40   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   >>   >|  



Top keywords:

father

 

natural

 

person

 

children

 

adoption

 

adoptive

 
grandfather
 

subject

 

paternal

 
stranger

degree

 

grandson

 

subsequently

 

granddaughter

 
maternal
 

constitution

 
called
 

subjected

 

Adoption

 

ascendant


effected
 

authority

 

adrogation

 

independent

 

magistrate

 
persons
 

Emperor

 

judicial

 

rescript

 

rights


nature

 

emancipated

 

supposing

 

vested

 

augmented

 
strength
 

unimpaired

 
intestate
 

settled

 

remoter


descendant

 
daughter
 

succession

 

adopted

 

extinguished

 

passes

 
return
 

Persons

 
contract
 
prohibited