Latin
Lines 1.181-1.193
Roman Law and Society, Institutes of Justinian 1.181-193
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4. Posthumous children, as in many other respects, so also in this respect, are considered as already born before the death of their fathers; and tutors may be given by testament to posthumous children, as well as to children already born, provided that the posthumous children, had they been born in the lifetime of their father, would have been sui heredes, and in their father's power.
5. But if a father gives a tutor by testament to his emancipated son, the appointment must be confirmed by the sentence of the praeses in all cases, that is, without inquiry.
XV. Agnate Tutorship.
They to whom no tutor has been appointed by testament, have their agnati as tutors, by the law of the Twelve Tables, and such testators are called "legal tutors."
1. Agnati are those who are related to each other through males, that is, are related through the father, as, for instance, a brother by the same father, or the son of a brother, or the son of such a son; or, again, a father's brother, or a father's brother's son, or the son of such a son. But those who are related to us through the females are not agnati, but merely cognati by their natural relationship. This the son of a father's sister is related to you not by agnatio, but by cognatio, and you are also related to him by cognatio; as children belong to the family of their father, and not to that of their mother.
XVI. Change of Station.
The capitis deminutio is a change of status, which may happen in three ways: for it may be the greatest capitis deminutio, or the less, also called the middle, or the least.