Latin
Lines 1.602-1.606
Roman Law and Society, Institutes of Justinian 1.602-606
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12. The same rules are observed in the possession of goods which the praetor gives contra tabulas to children who have been passed over, that is, who have neither been instituted heirs, nor properly disinherited. For the praetor calls to this possession of goods those children under the power of their father at the time of his death, and those also who are emancipated; but he excludes those who are in an adoptive family at the decease of their natural father. So, too, adoptive children emancipated by their adoptive father, as they are not admitted to succeed their adoptive father ab intestato, much less are they admitted to possess the goods of their adoptive father contrary to his testament, for they cease to be included in the number of his children.
13. It is, however, to be observed that children still remaining in an adoptive family, or who have been emancipated by their adoptive father, after the decease of their natural father, who dies intestate, although not admitted by the part of the edict calling children to the possession of goods, are admitted by another part, by which the cognati of the deceased are called. They are, however, only thus admitted in default of sui heredes, emancipated children, and agnati. For the praetor first calls the children, both the sui heredes and those emancipated, then the legitimi heredes, and then the cognati.
14. Such were the rules that formerly obtained; but they have received some emendation from our constitutio relating to persons given in adoption by their natural parents. For cases have occurred in which sons have lost by adoption their succession to their natural parents, and, the tie of adoption being easily dissolved by emancipation, have lost the right of succeeding to either parent. Correcting, therefore, as usual, what is wrong, we have promulgated a constitutio enacting that when a natural father has given his son in adoption, the rights of the son shall be preserved exactly as if he had still remained in the power of his natural father, and no adoption had taken place; except only in this, that the person adopted may succeed to his adoptive father if he dies intestate. But, if the adoptive father makes a testament, the adoptive son can neither by the civil law nor under the praetorian edict obtain any part of the inheritance, whether he demands possession of the effects contra tabulas, or alleges that the testament is inofficious: for an adoptive father is under no obligation to institute or disinherit his adopted son, there being no natural tie between them, not even if the adopted son has been chosen among three brothers, according to the senatusconsultum Sabinianus, for even in this case the son does not obtain the fourth part of his adoptive father's effects, nor has he any actio whereby to claim it. But persons adopted by an ascendant are excepted in our constitutio; for, as natural and civil rights both concur in their favor, we have thought proper to preserve to this adoption its effect under the old law, as also to the arrogatio of a paterfamilias. But this, in all its details, may be collected from the tenor of the above-mentioned constitutio.