BONO´RUM COLLA´TIO
BONO´RUM COLLA´TIO,
COLLA´TIO BONO´RUM. By the rules of
the civil law, emancipated children had no rights to the inheritance of
their father, since they had become strangers to his family. But, in course
of time, the praetor granted to emancipated children the privilege of equal
succession with those who remained in the power of the father at the time of
his death. This favour was granted to emancipated children only on condition
that they should bring into one common stock, to be distributed with their
father's estate, whatever property they had at the time of the father's
death, and which would have been acquired for the father in case they had
still remained in his power. This was called
collatio
bonorum. Thus emancipated children were not allowed to retain
the advantage which their proprietary independence had given them over
unemancipated children, and at the same time to share in the paternal
succession. Property which would have been
peculium
castrense or
quasi-castrense in
the case of a
filius familias was not subject
to
collatio, because it would not have belonged
to the father if the child had remained under his power. (
Dig. 37, tit. 6; Cod. 6.20; Windscheid,
Pandekten, 3.609.)
[
E.A.W]
