1 Paul, Edict, book 30: It has been very fully prescribed by the senatus consultum Velleianum that women should not intercede on behalf of any person. 1. For just as by custom the undertaking of civil duties by them has been denied to women, and these [undertakings] for the most part are not valid by operation of law, so much the more had that power to be taken away from them in which not only their work and mere employment was concerned but even the risk of the family property. 2. And, indeed, it seems just to give assistance to...

1 Paul, Edict, book 32: The obligation of mandate rests on the consent of the contracting parties. 1. Therefore, a mandate can also be entered into by means of a messenger or a letter. 2. Similarly, the action on mandate lies whether the party writes “I ask” or “I wish” or “I give a mandate” or using any other form of words whatsoever. 3. Again, a mandate can be contracted to be postponed until a future day or subject to a condition. 4. There is no mandate unless it is gratuitous. The reason is that it derives its origins from...

1 Paul, Edict, book 33: All buying and selling has its origin in exchange or barter. For there was once a time when no such thing as money existed and no such terms as “merchandise” and “price” were known; rather did every man barter what was useless to him for that which was useful, according to the exigencies of his current needs; for it often happens that what one man has in plenty another lacks. But since it did not always and easily happen that when you had something which I wanted, I, for my part, had something that you...

1 Ulpian, Sabinus, book 28: If something is sold and not then delivered, an action lies for the interest, that is, the buyer’s interest in having the thing. Sometimes this amount exceeds the price, as when his interest is greater than the object’s value or the price paid for it. 1. If the seller concealed a servitude which he knew was owed, he will not escape an action on the purchase unless the buyer was also aware of this fact; anything done contrary to good faith comes under the action on purchase. But the seller is considered to conceal it...

1 Papinian, Replies, book 11: A general agreement in a mortgage to cover future acquisitions is recognized. But if the agreement covers specific property of another not then owed to the debtor but later acquired by him, the creditor who knew that it was not his is not so easily given a utilis actio for it, and it is easier for the possessor to keep it. 1. The creditor cannot sell the peculium of a mortgaged slave without a special agreement to that effect. It does not matter when the slave acquired the peculium for his owner. 2. In a...

1 Ulpian, Curule Aediles’ Edict, book 1: Labeo writes that the edict of the curule aediles concerns the sales of things immovable as much as of those movable or animate. 1. The aediles say: “Those who sell slaves are to apprise purchasers of any disease or defect in their wares and whether a given slave is a runaway, a loiterer on errands, or still subject to noxal liability; all these matters they must proclaim in due manner when the slaves are sold. If a slave be sold without compliance with this regulation or contrary to what has been said of...

1 Papinian, Questions, book 2: In an action of good faith, the rate of interest is fixed at the judge’s behest according to the custom of the place of contracting, so long as statute is respected. 1. Even in the absence of delay, interest is due from a partner liable for taking partnership money or converting it to his own use. 2. But a judge in an action of good faith cannot rightly require a written promise that if there is delay in satisfying the judgment, interest will be paid for the future, since it is in the plaintiff’s power...

1 Florentinus, Institutes, book 3: Betrothal is the announcement and mutual promise of marriage in the future.

2 Ulpian, Betrothal, sole book: “Betrothal” was so called from the “solemn plighting of troth,” since it was customary for our ancestors to stipulate and solemnly promise their wives-to-be to each other.

3 Florentinus, Institutes, book 3: This is the derivation of the term “betrothed” for both sexes.

4 Ulpian, Sabinus, book 35: Agreement alone is sufficient for betrothal. 1. It is agreed that betrothal can take place in the absence of the parties, and this is quite common,

5 Pomponius, Sabinus, book...

1 Ulpian, Sabinus, book 32: As a matter of custom, we hold that gifts between husband and wife are not valid. This rule is upheld to prevent people from impoverishing themselves through mutual affection by means of gifts which are not reasonable, but beyond their means.

2 Paul, Sabinus, book 7: And people might not have as great a desire to educate their children. Sextus Caecilius added another reason, that a marriage would often break down where the husband had property but did not donate it, and so the result would be that marriage would become a matter of purchase....

1 Ulpian, Sabinus, book 36: Some expenses are necessary, some are useful, but some are incurred for pleasure. 1. Expenses are said to be necessary where they arise out of necessity. But where there is no necessity for them, other rules apply to them. 2. As far as necessary expenses are concerned, note that they only reduce the dowry when they are incurred in connection with it. But if they are not incurred in connection with the dowry, they do not count in themselves. 3. According to Labeo, dikes built in the sea or a river count as necessary expenses....

1 Paul, Edict, book 38: Tutelage is, as Servius defines it, force and power granted and all owed by the civil law over a free person, for the protection of one who, on account of his age, is unable to protect himself of his own accord. 1. So tutors are those who have this force and power, and take their name from the office itself; therefore, they are called “tutors,” that is, tuitores—protectors—and defenders, just as sacristans are called aeditui because they protect a temple or aedes. 2. A dumb man cannot be appointed as a tutor, since...

1 Modestinus, Excuses, book 1: Herennius Modestinus to Egnatius Dexter. I send you a commentary which I have written entitled “Excuses from Tutelage and Curatorship,” which appears to me to be most useful. 1. I shall do what I can to make the exposition of the problems clear, translating technical terms into Greek, although I know that such translation is not particularly suitable. 2. In the course of the work, I will include the original terms of provisions where they are required so that by providing both the text and commentary, we shall provide both what is necessary and what...

1 Modestinus, Encyclopaedia, book 2: A will is a lawful expression of our wishes concerning what someone wishes to be done after his death.

2 Labeo, Posthumous Works, Epitomized by Javolenus, book 1: In the case of someone who is making his will, at the time when he makes the will, soundness of mind is required, not health of body.

3 Papinian, Questions, book 14: Testamenti factio is matter not of private, but of public law.

4 Gaius, Institutes, book 2: If we are inquiring whether a will is valid, we ought first of all to consider whether the person...

1 Ulpian, Edict, book 45: The deified Julius Caesar was in fact the first to concede unrestricted testamenti factio to soldiers; but that concession was temporary. However, later the deified Titus first gave [it]; after this Domitian; thereafter, the deified Nerva conferred the fullest indulgence on soldiers; and Trajan followed this, and thenceforth such a chapter came to be inserted in [imperial] mandates. A chapter from the mandates: “As it has been submitted to my notice that wills left by our fellow soldiers, which could be open to dispute if regard were had to the diligent observance of the laws,...