[PAULUS libro quadragesimo primo ad edictum. ] §37.4.6.prSi emancipatus filius nepotem procreauerit, et ita decesserit, deinde auus eius, nepos ad aui bonorum possessionem uenire potest.
[PAULUS in the forty-first book on the Edict.] If an emancipated son has procreated a grandson, and has died in this manner, and then his grandfather dies, the grandson can succeed to the possession of the grandfather’s goods.
§37.4.6.1Quod si et filium et nepotem emancipauerit, uiuente quidem filio nepos non ueniet, post mortem autem eius ad bonorum possessionem aui ueniet.
But if he has emancipated both his son and his grandson, the grandson indeed will not succeed while the son is living, but after his death, he will succeed to the possession of the grandfather's goods.
§37.4.6.2Nepote quoque solo emancipato et auo mortuo, deinde patre eius, nepos praeteritus accipiet patris bonorum possessionem, quia suus heres esset futurus patri, si potestate aui non exisset.
Also, if only the grandson has been emancipated, and the grandfather has died, and then his father dies, the overlooked grandson will receive the possession of his father's goods, because he would have been a self-successor to his father if he had not left the power of his grandfather.
§37.4.6.3Filio emancipato si nepos retentus sit et utrique praeteriti, utrique accipient bonorum possessionem.
If the son has been emancipated, but the grandson has been retained in power, and both are overlooked, both will receive the possession of goods.
§37.4.6.4Si filius emancipatus in adoptiua familia nepotem sustulerit, ne nepos quidem ad bonorum possessionem aui naturalis ueniet.
If an emancipated son has procreated a grandson in an adoptive family, the grandson will not even succeed to the possession of the goods of his natural grandfather.
sed et si emancipatus filius procreatis nepotibus in adoptionem se dederit, ut eum filii sequantur, idem erit.
But also if an emancipated son, after having procreated grandsons, has given himself in adoption in such a way that his children follow him, the same will hold.
plane si is, qui apud adoptiuum auum procreatus est, emancipatus sit, ueniet ad bonorum possessionem aui naturalis.
Clearly, if he who was procreated under an adoptive grandfather has been emancipated, he will succeed to the possession of the goods of his natural grandfather.
adoptio tamdiu nocet, quamdiu quis in familia aliena sit.
Adoption is harmful only so long as one remains in a foreign family.
ceterum emancipatus ad bonorum possessionem parentium naturalium uenit, sed emancipatus uiuis eis, non etiam post mortem eorum: hoc enim uerius est post mortem eorum emancipatum non admitti.
For the rest, an emancipated person succeeds to the possession of the goods of his natural parents, but only if he was emancipated while they were alive, and not also after their death; for it is more correct that one emancipated after their death is not admitted.