Ad Dig. 1,5,7Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 52, Note 2.Paulus, On the Shares Granted to the Children of Condemned Persons. A child in its mother’s womb is cared for just as if it were in existence, whenever its own advantage is concerned; although it cannot be of any benefit to anyone else before it is born.

Paulus, On the Shares Granted to the Children of Persons Who Have Been Convicted. As natural reason, which is a certain kind of tacit law, grants to children the estates of their fathers, calling them to the succession in the same way as to a debt, oh this account the name of direct heirs has been conferred upon them by the Civil Law; so that, as they cannot be removed from the succession by the will of their parents, unless for a good reason, it has been thought to be perfectly just that, in cases in which the conviction of a parent deprives him of his property as a penalty, the children should be taken into consideration, for fear they may suffer a more severe penalty for offences committed by others, whose guilt did not involve them, by subjecting them to the greatest poverty. It was decided that, under such circumstances, a certain degree of moderation should be displayed; so that those who would have been entitled to the entire estate by the right of inheritance might have some portion of the same conceded to them. 1When a freedman is punished, any of his property which his patron would have been entitled to if his freedman had died a natural death should not be taken from him; but the remaining part of the estate which had no reference to his manumission shall be forfeited to the Treasury. 2It is just that certain portions of the property of persons who have been condemned should be given to adopted, as well as to natural children, if the adoption was not fraudulently made. An adoption is considered to be made for the purpose of fraud where anyone adopts a child, although he has not yet been accused, but, aware of the desperate condition of his affairs, is influenced by the fear of an impending accusation, in order that a part of the property which he thinks he is about to lose may be saved. 3Where the condemned person has several children, examples have been adduced in which all of his estate has been granted to several children. The Divine Hadrian stated in a Rescript: “The number of the children of Albinus causes me to look favorably upon their case, as I prefer that my empire should be increased by the addition of men, rather than by that of money; therefore I wish the property of their father to be given to them, which so many possessors will render evident, especially if they should obtain all of his estate.” 4Again, any property which the convicted person has acquired by crime does not increase the share of the children; for instance, if he has caused a relative of his to be killed, and enters upon his estate, or obtains prætorian possession of the same; for this was established by the Divine Pius in a Rescript. Consequently, where a son under paternal control had been convicted of killing, by means of poison, a person by whom he had been appointed heir; the above-mentioned Emperor rendered the decision that, although he had entered upon the estate by the order of his father, under whose control he was at the time, it should be forfeited to the Treasury. 5If the person whose property has been confiscated has been relegated, anything acquired by him after conviction shall belong to his testamentary heirs or to his heirs at law; for anyone who has been relegated to an island enjoys the right to make a will, as well as all other rights. If, however, he has been deported, he cannot have an heir, because he has lost his citizenship; and any property subsequently acquired will be forfeited to the Treasury.