[IDEM libro octauo epistularum. ] §45.1.107.prUtrum turpem talem stipulationem putes an non, quaero.
[THE SAME, book eight of Letters.] I ask whether you think such a stipulation is immoral or not.
pater naturalis filium, quem Titius habebat in adoptionem, heredem instituit, si patria potestate liberatus esset: pater eum adoptiuus non alias emancipare uoluit, quam si ei dedisset, a quo stipularetur certam summam, si eum manumisisset: post emancipationem adiit heres filius: petit nunc pecuniam pater ex stipulatione supra relata.
A natural father appointed his son, whom Titius had in adoption, as heir, on the condition "if he should be released from paternal power." The adoptive father was not willing to emancipate him otherwise than if someone had given him a person from whom he might stipulate for a certain sum of money if he should release him. After the emancipation, the son entered upon the inheritance as heir. Now the father claims the money under the stipulation mentioned above.
respondit: non puto turpem esse causam stipulationis, utpote cum aliter filium emancipaturus non fuerit: nec potest uideri iniusta causa stipulationis, si aliquid adoptiuus pater habere uoluerit, propter quod a filio post emancipationem magis curaretur.
He answered: I do not think that the cause of the stipulation is immoral, especially since he would not have emancipated the son otherwise; nor can the cause of the stipulation appear unjust if the adoptive father wished to have something by reason of which he would be more cared for by his son after emancipation.