[ULPIANUS libro quadragesimo ad edictum. ] §37.6.1.13Is quoque, qui in adoptiua familia est, conferre cogitur, hoc est non ipse, sed is qui eum habet, si maluerit contra tabulas bonorum possessionem accipere.
He also who is in an adoptive family is compelled to make contribution; that is, not himself, but he who has him in his power, if he should prefer to receive the possession of goods contrary to the provisions of the will.
plane si hic adoptiuus pater ante bonorum possessionem petitam emancipauerit eum, non cogetur ad collationem, et ita rescripto diuorum fratrum expressum est: sed ita demum adoptiuus emancipatus collatione fratres priuabit, si sine fraude hoc factum sit.
Clearly, if this adoptive father should emancipate him before the possession of goods is petitioned for, he will not be compelled to make contribution, and this is so expressed in a rescript of the deified brothers. But the emancipated adoptive son will only deprive his brothers of the contribution if this has been done without fraud.
§37.6.1.14Nec castrense nec quasi castrense peculium fratribus confertur: hoc enim praecipuum esse oportere multis constitutionibus continetur.
Neither military peculium nor quasi-military peculium is contributed to brothers; for it is contained in many constitutions that this ought to be held as a preferred share.
§37.6.1.15Sed an id, quod dignitatis nomine a patre datum est uel debetur, conferre quis in commune cogatur, uideamus.
But let us see whether anyone is compelled to bring into the common fund what has been given or is owed by the father on account of a dignity.
§37.6.1.16Papinianus libro tertio decimo quaestionum non esse cogendum: hoc enim propter onera dignitatis praecipuum haberi oportere.
Papinian says in the thirteenth book of Questions that he is not to be compelled; for this ought to be held as a preferred share because of the burdens of the dignity.
sed si adhuc debeatur, hoc sicinterpretandum est, ut non solus oneretur is qui dignitatem meruit, sed commune sit omnium heredum onus hoc debitum.
But if it is still owed, this is to be interpreted in such a way that not only he who deserved the dignity is burdened, but this debt is a common burden of all heirs.
§37.6.1.17Qui ab hostibus captus post mortem patris redit, licet moriente patre nihil habuit, cum apud hostes fuerit, tamen et ad bonorum possessionem admittetur et conferet scilicet ea, quae moriente patre haberet, si ab hostibus captus non fuisset.
He who, having been captured by enemies, returns after the death of his father, although he had nothing when his father died, since he was with the enemies, shall nevertheless both be admitted to the possession of goods and will, of course, contribute what he would have had when his father died if he had not been captured by the enemies.
sed et si redemptus ab hostibus mortis tempore patris inueniatur, aeque collatio erit facienda.
But even if he should be found to have been ransomed from the enemies at the time of his father's death, contribution must likewise be made.
§37.6.1.18Si emancipato legatum fuerit, cum pater morietur, etiam hoc conferre debet.
If a legacy has been left to an emancipated son when the father dies, he must also contribute this.
§37.6.1.19Si ab ipso patre herede instituto filio eius fideicommissum fuerit relictum, cum morietur, an id conferendum est, quoniam utile est hoc fideicommissum? et eneniet, ut pro eo habeatur, atque si post mortem patris relictum fuisset, nec cogetur hic conferre, quia moriente eo non fuisset.
If a trust has been left to his son by the son who was himself appointed heir by the father, when he dies, must it be contributed, since this trust is valid? And it will turn out that it is held as if it had been left after the death of the father, and he will not be compelled to contribute this, because at the death of the father it would not have existed in his hands.
§37.6.1.20Emancipatus filius si dotem habeat ab uxore acceptam, hoc minus confert, etsi ante uxor decesserit.
If an emancipated son has a dowry received from his wife, he contributes so much less, even if his wife died before.
§37.6.1.21Si impuberi adrogato secundum diui Pii rescriptum quarta debetur, uidendum est, an, si patris naturalis bonorum possessionem petat, conferre quartam debeat.
If the fourth share is owed to an arrogated impuberate child according to the rescript of the deified Pius, we must see whether, if he petitions for the possession of goods of his natural father, he ought to contribute the fourth.
quaestio in eo est, an heredi suo relinquat quartae actionem an non.
The question is whether he leaves the action for the fourth to his heir or not.
et magis est, ut ad heredem transferat, quia personalis actio est: igitur etiam de quarta conferenda cauere eum oportebit, sed hoc ita demum, si iam nata est quartae petitio.
And it is more supportable that he transfers it to his heir, because it is a personal action; therefore, he will also need to give security for contributing the fourth, but this only if the petition for the fourth has already arisen.
ceterum si adhuc pater adoptiuus uiuat, qui eum emancipauit, dicendum est cautionem quoque cessare: praematura est enim spes collationis, cum adhuc uiuat is, cuius de bonis quarta debetur.
But if the adoptive father who emancipated him is still alive, it must be said that the security also ceases; for the hope of contribution is premature, while he is still alive from whose goods the fourth is owed.
§37.6.1.22Si is qui bona collaturus est habeat filium peculium castrense habentem, non cogetur utique peculium eius conferre.
If he who is to contribute goods has a son who has a military peculium, he will certainly not be compelled to contribute his peculium.
sed si iam tunc mortuus erat filius eius et castrense peculium habebit, cum morietur is cuius bonorum possessio petenda est: an conferre cogatur? cum autem uindicari id patri non sit necesse, dici oportebit conferendum: non enim nunc adquiritur, sed non adimitur. amplius dico, et si institutus fuerit a filio heres nec dum adierit habeatque substitutum, quia non magis nunc quaeritur peculium quam nunc non alienatur, conferri debere.
But if his son was already dead at that time and held military peculium when he died whose possession of goods is to be petitioned: is he compelled to contribute? Since, however, it is not necessary for the father to claim it, it must be said that it should be contributed; for it is not acquired now, but it is not taken away. I say further that even if he was appointed heir by his son and has not yet accepted, and has a substitute, because the peculium is no more acquired now than it is not alienated now, it ought to be contributed.
§37.6.1.23Confertur autem etiam si quid eius non fuerit, dolo malo autem factum sit, quo minus esset: sed hoc sic accipiendum est, ut hoc demum conferatur, quod eius esse desiit dolo malo: ceterum si id egit, ne adquireret, non uenit in collationem: nam hic et sibi insidiatus est.
Moreover, contribution is made even if something was not in his goods, but it was brought about by fraud that it should not be so; but this must be so understood that only that is contributed which ceased to be his through fraud; on the other hand, if he acted so as not to acquire, it does not come into contribution, for in this case he plotted against himself also.
§37.6.1.24Portiones collationum ita erunt faciendae: ut puta duo sunt filii in potestate, unus emancipatus habens trecenta: ducenta fratribus confert, sibi centum facit enim eis partem, quamuis is sit, cui conferri non solet.
The shares of contributions are to be made in this way: as, for example, there are two sons in power, and one emancipated son having three hundred; he contributes two hundred to his brothers and keeps one hundred for himself; for he makes a share for them, although he is one to whom contribution is not accustomed to be made.
quod si duo sint filii emancipati habentes trecena et duo in potestate, aeque dicendum est singulos singulis, qui sunt in potestate, centena conferre, centena retinere, sed ipsos inuicem nihil conferre.
But if there are two emancipated sons, each having three hundred, and two in power, it must likewise be said that each of them contributes one hundred to each of those who are in power, and retains one hundred for himself, but that they contribute nothing to each other.
dotis quoque collatio in eundem modum fiet, ut quicumque confert, etiam suam personam numeret in partibus faciendis.
The contribution of dowry shall also be made in the same manner, so that whoever contributes also counts his own person in making the shares.