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BONO′RUM COLLA′TIO. By the strict rules of the civil law an emancipated son had no right to the inheritance of his father, whether he died testate or intestate. 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; and this grant might be either contra tabulas or ab intestato. But this favour was granted to emancipated children only on condition that they should bring into one common stock with their father's property, and for the purpose of an equal division among all the father's children, 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 bonorum collatio. It resembles the old English hotchpot, upon the principle of which is framed the provision in the statute 22 and 23 Charles II c. 10 s.5, as to the distribution of an intestate's estate (Dig. 37 6; Cod. VI. tit. 20; Thibaut, System des Pandekten Rechts, § 901, &c., 9th ed., where the rules applicable to the bonorum collatio are more particularly stated.)
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Page updated: 8 Dec 06