[ULPIANUS libro septuagensimo nono ad edictum. ] §37.6.5.prSi quis filium habeat sui iuris et ex eo nepotem in potestate sua, consequenter erit dicendum, si nepos patris sui emancipati accipiat bonorum possessionem, de conferendis suis quoque bonis cauere eum debere et esse similem ei qui adoptauit: hoc enim diui fratres rescripserunt, ut ad collationem auus compellatur.
[ULPIAN, from the seventy-ninth book on the Edict.] If anyone has a son who is independent (sui iuris) and a grandson by him who is in his power (in potestate sua), it must consequently be said that, if the grandson acquires the possession of the goods of his emancipated father, he (the grandfather) ought to give security for contributing his own goods as well, and is in a position similar to one who has adopted; for the Divine Brothers wrote in a rescript that the grandfather is compelled to make contribution.
plane eodem rescripto adiectum est sic: 'nisi forte auus iste nullum ex his bonis fructum adquirere uult paratusque est de potestate nepotem dimittere, ut ad emancipatum omne emolumentum bonorum possessionis perueniat.
Clearly, in the same rescript it was added as follows: 'unless perchance that grandfather wishes to acquire no benefit from these goods and is prepared to release the grandson from his power, so that the entire advantage of the possession of the goods may come to the emancipated one (the grandson).
nec idcirco ea filia, quae post emancipationem nata patri heres exstitit, iuste queri poterit', inquit, 'quod eo facto a collationis commodo excluditur, cum auo quandoque defuncto ad bona eius simul cum fratre possit uenire'. haec in patre adoptiuo ratio reddi non potest et tamen et ibi idem dicemus, si sine dolo malo emancipauerit.
Nor on that account,' it says, 'can that daughter, who was born after the emancipation and became heir to her father, justly complain that by this act she is excluded from the benefit of the contribution, since when the grandfather dies at some time, she can come to his property along with her brother.' This reasoning cannot be applied in the case of an adoptive father, and yet even there we shall say the same thing, if he has emancipated him without malicious intent.
§37.6.5.1Stipulatio autem collationis tunc committitur, cum interpellatus cum aliquo spatio, quo conferre potuit, non facit, maxime cum boni uiri arbitratu collationem fieri edicto praetoris insertum est.
Moreover, the stipulation of contribution is committed when, having been demanded to do so and having had some period of time in which he could make the contribution, he does not do so, especially since it is inserted in the Edict of the Praetor that the contribution is to be made according to the judgment of an honorable man.
§37.6.5.2Siue ergo in totum collatio facta non est siue in partem facta, locum habebit haec stipulatio: §37.6.5.3et siue quis non conferat ex hac stipulatione siue dolo fecerit, quo minus conferat, quanti ea res erit, in tantam pecuniam condemnabitur.
Whether, therefore, the contribution has not been made at all, or has been made only in part, this stipulation will have application: and whether anyone fails to make contribution under this stipulation, or acts maliciously to prevent contribution, he shall be condemned to pay as much money as that matter shall be worth.