Florentinus, Institutes, Book VIII. Where a man accepts interest from a debtor in advance, it is held to be a tacit agreement that he will not bring suit for the principal during the time for which the interest is paid. 1Where a contract is drawn up in such a way that it is personal on one side, and relates to property on the other; as, for instance, that I will not bring suit, or that you shall not be sued; my heir will then have a right of action against all of you, and all of us will have a right of action against your heir.

Florentinus, Institutes, Book VIII. Where something is due on account of both principal and interest from a party who owes money secured by pledges, whatever is received from the sale of the pledges must be credited upon the interest, which it is established is due at the time, and then, if there is anything left it must be credited on the principal. A debtor should not be heard if, when he is well aware that he is hardly solvent, he desires to make a choice as to the claim on which he prefers the pledge to be released. 1A pledge only transfers possession to the creditor the ownership of the property remaining in the debtor; the latter, however, can make use of his property by sufferance and also under a lease.

Florentinus, Institutes, Book VIII. Whatever is stated, while sales are being made, in praise of the property, will not bind the vendor, if the truth be clearly apparent; as, for example, where the vendor says that a slave is handsome, or a house well constructed. If, however, he should allege that the slave is well educated, or a skilled artisan, he must make his statements good, for he sold the property for a higher price by reason of them. 1Ad Dig. 18,1,43,1ROHGE, Bd. 10 (1874), S. 355: Der Verkäufer ist nicht bloß zur Vertretung der heimlichen, sondern schlechthin aller nicht angezeigten, nicht unerheblichen Mängel verbunden, sofern er nicht beweist, daß der Käufer sie gekannt hat oder kennen mußte.There are certain promises which do not bind the vendor if the property is in such a condition that the purchaser cannot be ignorant of it; as, for instance, where anyone buys a slave whose eyes have been torn out, and the vendor stipulates with regard to his soundness, for he is held to have stipulated for every other part of his body, with the exception of that in which he deceives himself. 2Ad Dig. 18,1,43,2ROHGE, Bd. 4 (1872), S. 319: Civilrechtlicher Dolus verübt durch Verschweigen von Thatsachen.The vendor should warrant that he is not guilty of fraudulent intent; and this not only applies where he speaks ambiguously for the purpose of deceit, but also where he treacherously and artfully dissimulates.

Florentinus, Institutes, Book VIII. Where an heir enters upon an estate, he is understood to have succeeded the deceased from the date of his death.

Florentinus, Institutes, Book VIII. Anything which you may add that is foreign to the stipulation and which has no reference to the present contract will be considered as superfluous, but will not vitiate the obligation; for instance, if you say, “I sing of arms and the man, I promise,” the stipulation will be valid. 1When, however, any change is made in the designation of the property, or of the person concerned in the transaction, it is held that this will present no obstacle. For if he stipulates for denarii, you will be bound, if you promise aurei to the same amount. And where a slave stipulates for Lucius, his master, and you promise to pay Titius, who is the same person, you will be liable.

Florentinus, Institutes, Book VIII. One of two joint-promisors can be bound from a specified day, or conditionally, for neither the day nor the condition will present any obstacle to prevent him who is absolutely liable from being sued.

Florentinus, Institutes, Book VIII. If my slave stipulates that property shall be given to me, to himself, or to a fellow-slave, or does not designate any particular person, he will acquire for my benefit.

Florentinus, Institutes, Book VIII. A surety can be accepted even before the estate has been entered upon, if the principal debtor is dead, because the estate performs the function of a person in the same way as a municipality, a decurion, and a partnership.

Ad Dig. 46,2,16Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 355, Noten 4, 5.Florentinus, Institutes, Book VIII. A slave cannot make a novation without the consent of his master, even where the obligation involves his peculium, but he rather creates a new obligation than renews the former one.

Florentinus, Institutes, Book VIII. When this is done, the creditor should be at liberty not to receive the money, or the debtor not to pay it, if either of them desires it to be applied to the settlement of some other claim.

Florentinus, Institutes, Book VIII. A release and a discharge from liability can be granted either in one, or in several contracts, whether they are certain or uncertain; or with reference to some, reserving the others; or for all of them, for any reason whatsoever. 1The following is the formula of a stipulation and a release, drawn up by Gallus Aquilius: “All that you owe, or shall owe me for any reason whatsoever, either now or after a certain date, for which I can now, or shall be able to bring suit against you, on a claim, or a right to collect; or any property of mine which you have, hold, or possess, and all the value of any of the things aforesaid, Aulus Agerius has stipulated for, and Numerius Nigidius has promised to pay. And Numerius Nigidius has asked Aulus Agerius if he acknowledges the receipt of what he promised him, and Aulus Agerius has granted a release for the same to Numerius Nigidius.”

Florentinus, Institutes, Book VIII. By the term “real property” all buildings and all land are understood; in speaking of buildings in a city, however, we usually call them sedes, and in the country villas. A site without a building in a city is called area, and in the country ager, and the latter, when a house is erected upon it, is styled fundus.