The Adoption in Roman Law

By: Anavitarte, E. J.*

Adoption is the set of two different legal figures, which allowed a Roman citizen to be linked to the agnatic family of another.

These figures were a legal fiction in which the adoptee takes the position of son of the adopter, and therefore acquires the rights and obligations derived from submission to the parental authority of the paterfamilias, such as inheritance rights, nomen and the link to the agnatic nucleus.

Although there is currently only one form of adoption, for minors, in Roman law adoption did not require a minimum age, and was made up of two different figures: (i) the adoptio that operated for alieni iuris and (ii) the adrogatio that he would do it for sui iuris.

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