The Same, Digest, Book XVIII. Where I give you money in order that you may lend me the same money, is a loan made? I said in reply that, in instances of this kind, we do not use correct words, as such a contract is neither a donation nor a loan; it is not a donation, because the money is not given with the intention that it shall remain absolutely in the hands of the receiver; and it is not a loan because it is paid rather for the purpose of avoiding a debt than of making another party liable. Therefore, if a party who received money from me under the condition that he should lend it to me, and he does pay me the money which he receives, this will not be a loan, for I shall rather be considered to have received what already belonged to me. It must be understood in this way in order that the strict signification of the terms may be preserved; however the more liberal construction is that both transactions are valid.

The Same, Digest, Book XVIII. Where a slave bestowed by way of dowry before marriage has any property which was given or bequeathed to him previously, the dowry will be increased in the same manner as in the case of the crops of a tract of land delivered before marriage.

Julianus, Digest, Book XVIII. Although, during the continuance of the marriage, the husband and wife may be unable to agree to defer the restoration of the dowry for a longer time than is authorized by law; still, after a divorce, if there was good reason for the agreement, it should be kept.

The Same, Digest, Book XVIII. If the husband has been convicted of a criminal offence, and a part of his property is confiscated, the Treasury must pay his creditors, among whom his wife is included. 1Where a father, having promised two hundred aurei to his daughter as a dowry, agreed that no more than a hundred should be demanded of her, and the marriage having been dissolved, he brings suit for the hundred aurei, concerning which the agreement was made that they should not be claimed, they are not understood to form part of the dowry. Where, however, after the death of the father, the husband brings an action against his heir, this sum will also be included in the dowry. 2If an agent appointed by the father should bring an action for the dowry with the consent of the daughter, and the father should die after a judgment has been obtained, the right of action to enforce the judgment will vest to the daughter rather than in the heirs of the father. 3Where the dowry has been given to the father, and one of the sons of the latter has been appointed heir to a certain portion of his estate under a condition, and while the condition is pending his co-heirs pay the dowry to the woman in proportion to their respective shares, the said son will be released from liability for payment of his part of the dowry, as he will not be entitled to an action against his co-heirs for the recovery of his share of the money. 4Where a woman receives a tract of land as her dowry, but no account of the crops have been taken in proportion to the time during the year when she was not married, she can, nevertheless, bring the action, because she received by way of dowry less than she was entitled to, for this has reference to an increase of dowry; just as if she had not received the offspring of slaves, or any legacies or inheritances, which had been acquired by her husband through dotal slaves after a divorce had taken place.

The Same, Digest, Book XVIII. Where a dowry has been given to the father of the husband, and the son alone is heir to his father, the dowry will, in the first place, be included in calculating the amount of the estate and the Falcidian portion, and will be deducted as a debt; otherwise, it would appear that the wife had no dowry. If, however, the son should have a foreign co-heir, he can always deduct as a debt of the estate that part of the dowry which he will inherit from his father, and his co-heir can also do so, before the dowry has been received by the son.

Julianus, Digest, Book XVIII. Where a tract of land is donated mortis causa, and necessary and useful expenses are incurred with reference to it, parties bringing an action to recover the land can be barred by an exception on the ground of fraud, unless they reimburse the donee for the said expenses.