There is another kind of general succession which was introduced neither by a law of the Twelve Tables, nor by the Edict of the Prætor, but by a rule adopted by common consent.

(1) For instance, when the head of a family gives himself in arrogation, all his property, both corporeal and incorporeal, and everything owing to him were formerly acquired absolutely by the arrogator; except those things destroyed by loss of civil rights, to which belong the obligations of service and the right of agnation. Use and usufruct also, although they were formerly included with the others, are forbidden by one of Our Constitutions from being lost by the lowest degree of forfeiture of civil rights.

(2) Now, however, We have limited the acquisition which was formerly obtained by arrogation, just as We have done that of natural parents; for nothing but an usufruct is acquired through children by either natural or adoptive parents in property which the children obtained from strangers, the entire ownership being reserved for them. Nevertheless, if an arrogated son should die while a member of the adoptive family, the ownership of the property also passes to the arrogator, unless other persons survive who by Our Constitution have a better claim than the father to such property as cannot be acquired by him.

(3) But, on the other hand, the arrogator is not liable by the strict terms of the law for anything that the party who gave himself in adop,tion owes; but an action may be brought against him in the name of the son, and if he refuses to defend him, the creditors are permitted by Our competent magistrates to take possession and lawfully dispose of such property as would have belonged to the son, together with its usufruct, if he had not subjected himself to the control of another.