Julianus, Digest, Book XVII. Moreover, if the land should not be sold, the appraisement of the same should be furnished.

Julianus, Digest, Book XVII. Where a woman promises a certain sum of money, by way of dowry, and, instead of it, gives slaves under the condition that they shall be at her risk, and if any children are born to them they shall belong to her, the agreement must be carried out; for it is settled that a contract can be made between husband and wife setting forth that a dowry consisting of a sum of money may be changed and transferred to other property, if it will be advantageous to the woman.

Julianus, Digest, Book XVII. The same rule applies if I should direct a person who is about to make a donation mortis causa, to me, to make it to my wife; nor does it make any difference whether the donor recovers, or dies. Nor should it be held that, if we say that this donation is valid, I would become any the poorer, because if the donor recovers, I will be liable to a personal action; but if he dies, I will cease to have the property which otherwise would have been included among my possessions, because of my having donated it.

Julianus, Digest, Book XVII. Where a woman committed fraud to prevent the preservation of property given to her by her husband, or to avoid its production in court, he can bring an action against her for injury committed, if she did this after a divorce had taken place.

Julianus, Digest, Book XVII. There are several kinds of donations. A person makes a donation with the understanding that the property will at once belong to the person who receives it, and will, under no circumstances, revert to himself, and he does this for no other reason than to display his liberality and munificence. This is what is properly called a donation. Another gives something with the understanding that it will only become the property of the person who receives it, if something else takes place. This is not properly styled a donation, for it is a conditional gift. Likewise, when anyone gives something with the intention that it will immediately become the property of the person who receives it, but if something either happens, or does not happen, he wishes it to be returned to him; this is not properly called a donation, but it is merely a gift, which is dependent upon a condition; as, for instance, a donation mortis causa. 1Therefore, when we may say that a donation between betrothed persons is valid, we use the term in its correct sense, and we understand by it anything given by a person who bestows it for the sake of liberality in order that it may immediately become the property of the one who receives it, and that, under no circumstances, he desires it to be returned to him. And when we say that a man gives a donation to his betrothed with the understanding that, if the marriage should not take place, the gift may be returned, we do not contradict what was previously stated, but we mean that a donation can be made between such persons, and may become void under a certain condition.

Julianus, Digest, Book XVII. Anyone who cultivates the land of another, by way of making a donation, cannot reserve anything on account of expenses which he may incur, because he immediately transfers to the owner the right to any implements which he takes upon the land.

Julianus, Digest, Book XVII. If I give property belonging to another as a donation mortis causa, and it should afterwards be acquired by usucaption, the true owner cannot recover it, but I can do so, if I regain my health. 1Marcellus says that questions of fact may arise with reference to donations mortis causa, for the donation may be made in such a way that if the donor should die of his illness, it shall not be returned; or that it shall be returned if the donor, having changed his mind, desires it to be restored to him, even if he should die of the same illness. A donation of this kind can also be made subject to the provision that it shall not be returned unless the person who is to receive it dies first. A donation mortis causa can be made in such a way that the property shall not be returned in any event; that is to say, not even if the donor should recover his health.

Ad Dig. 50,17,63ROHGE, Bd. 15 (1875), Nr. 102, S. 363, 371: Feststellung des Zeitpunkts des Verzugs mit Rücksicht auf die subjective Auffassung des Säumigen über die Sachlage.The Same, Digest, Book XVII. Anyone who, without fraudulent intent, proceeds to trial, is not held to be in default of payment.