[ULPIANUS libro trigesimo nono ad edictum. ] §37.4.1.prIn contra tabulas bonorum possessione liberos accipere debemus siue naturales siue adoptiuos, si neque instituti neque exheredati sunt.
[ULPIANUS, on the Edict, book 39] In the possession of goods contrary to the will, we ought to accept children, whether natural or adoptive, if they have been neither instituted as heirs nor disinherited.
§37.4.1.1Uocantur autem ad contra tabulas bonorum possessionem liberi eo iure eoque ordine, quo uocantur ad successionem ex iure ciuili.
But children are called to the possession of goods contrary to the will by the same right and in the same order as they are called to succession under the civil law.
§37.4.1.2Haec autem clausula etiam ad postumos uidetur pertinere.
And this clause is understood to apply also to posthumous children.
§37.4.1.3Sed et si ab hostibus postliminio redierint filii, Pomponius putat ad contra tabulas bonorum possessionem eos admitti.
But even if children return from the enemy by postliminium, Pomponius thinks they are admitted to the possession of goods contrary to the will.
§37.4.1.4Si ex tribus filiis unus ab hostibus captus sit, duobus, qui sunt in ciuitate, bessis bonorum possessio competit.
If one of three sons has been captured by the enemy, the possession of two-thirds of the goods belongs to the two who are in the city.
§37.4.1.5Idem et in postumo: nam quamdiu postumus speratur, in ea causa est, ut partem faciat.
The same applies to a posthumous child; for as long as a posthumous child is expected, he is in such a position as to make up a share.
§37.4.1.6Et sui iuris factos liberos inducit in bonorum possessionem praetor (siue igitur emancipati sunt siue alias exierunt de patris potestate, admittuntur ad bonorum possessionem): sed adoptiui patris non potest: ut enim admitti possit, ex liberis esse eum oportet.
And the praetor brings into the possession of goods children who have been made sui iuris (whether therefore they have been emancipated, or have departed from the father's power in some other way, they are admitted to the possession of goods); but this cannot be done in the case of an adoptive father, for in order that he may be admitted, he must be among the children.
§37.4.1.7Qui habebat filium, habebat et nepotem ex eo, filium emancipauit et adoptauit in locum nepotis, deinde emancipauit: quaeritur an nepoti obstet.
A person had a son, and from him a grandson; he emancipated the son and adopted him in the place of a grandson, and then emancipated him: the question is whether he stands in the way of the grandson.
et mihi magis uidetur hunc nepotem non excludi, siue pater eius in adoptione mansisset quasi nepos siue emancipatus est: puto enim et emancipato patre nepotem quoque cum patre suo ex edicto admitti.
And it seems to me more correct that this grandson is not excluded, whether his father had remained in adoption as if a grandson, or was emancipated; for I think that even when the father is emancipated, the grandson also is admitted along with his father under the Edict.
§37.4.1.8Filium habuit et ex eo nepotem: filius emancipatus uel in potestate manens deportatus est: quaeritur, an nepoti noceat.
He had a son, and from him a grandson; the son, having been emancipated or remaining under power, was deported: the question is whether this harms the grandson.
et uerius est in utroque casu nepotem admittendum: deportatos enim mortuorum loco habendos.
And it is more correct that in either case the grandson should be admitted; for those who have been deported must be regarded as being in the place of the dead.
§37.4.1.9Si et pater et filius deportati sint et ambo restituti, dicemus ad bonorum possessionem admitti filium.
If both the father and the son have been deported and both restored, we shall say that the son is admitted to the possession of goods.
sed et si filius in metallum damnatus uel alia poena, quae seruum efficit, restitutus sit, nihilo minus admittetur: aliter non.
But even if the son, having been condemned to the mines or to some other punishment which makes one a slave, has been restored, he will nonetheless be admitted; otherwise, he will not.