[PAPINIANUS libro tertio quaestionum. ] §37.6.8.prNonnumquam praetor uariantem non repellit et consilium mutantis non aspernatur.
[PAPINIANUS, from the third book of Questions.]\n\nSometimes the praetor does not reject a person who wavers, and does not disregard the decision of one who changes his mind.
unde quidam filium emancipatum, qui de bonis conferendis cauere fratribus noluit, audiendum postea putauerunt, si uellet oblata cautione beneficium bonorum possessionis exercere.
For this reason, some have thought that an emancipated son, who refused to give security to his brothers regarding the contribution of property, should be heard afterwards if, having offered security, he wished to exercise the benefit of the possession of goods.
tametsi responderi potest uideri eum possessionem repudiasse, qui formam possessionis conseruare noluit: sed benignior est diuersa sententia, maxime cum de bonis parentis inter fratres disputetur.
Although it can be answered that he who did not wish to observe the form of possession seems to have repudiated the possession; but the opposite opinion is more lenient, especially when there is a dispute among brothers concerning the property of a parent.
quem tamen facilius admittendum existimo, si intra tempus delatae possessionis cautionem offerat: nam post annum, quam delata esset bonorum possessio, uoluntariam moram cautionis admittere difficilius est.
I think, however, that he is more easily to be admitted if he offers the security within the period of the granted possession; for after a year since the possession of goods was granted, it is more difficult to allow a voluntary delay of security.