Differentiarum libri
Ex libro IV
Dig. 23,1,14Modestinus libro quarto differentiarum. In sponsalibus contrahendis aetas contrahentium definita non est ut in matrimoniis. quapropter et a primordio aetatis sponsalia effici possunt, si modo id fieri ab utraque persona intellegatur, id est, si non sint minores quam septem annis.
Modestinus, Differences, Book IV. In contracting a betrothal, there is no limit to the age of the parties, as is the case in marriage. Wherefore, a betrothal can be made at a very early age, provided what is being done is understood by both persons, that is to say, where they are not under seven years of age.
Dig. 26,4,4Modestinus libro quarto differentiarum. quo defuncto si liberi perfectae aetatis exsistant, fiduciarii tutores fratris vel sororis efficiuntur.
Modestinus, Differences, Book IV. Where a man dies leaving children who have attained their majority, they become the fiduciary guardians of their brothers or sisters.
Dig. 50,1,32Modestinus libro quarto differentiarum. Ea, quae desponsa est, ante contractas nuptias suum non mutat domicilium.
Modestinus, Differences, Book IV. A woman who has been betrothed does not change her domicile before her marriage has been contracted.
Dig. 50,12,9Modestinus libro quarto differentiarum. Ex pollicitatione, quam quis ob honorem apud rem publicam fecit, ipsum quidem omnimodo in solidum teneri: heredem vero eius ob honorem quidem facta promissione in solidum, ob id vero, quod opus promissum coeptum est, si bona liberalitati solvendo non fuerint, extraneum heredem in quintam partem patrimonii defuncti, liberos in decimam teneri divi Severus et Antoninus rescripserunt. sed et ipsum donatorem pauperem factum ex promissione operis coepti quintam partem patrimonii sui debere divus Pius constituit.
Ad Dig. 50,12,9Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 304, Note 8.Modestinus, Differences, Book IV. When anyone has made a promise to a city, in consideration of some honor to be conferred upon him, he will be liable under all circumstances for the entire amount, and his heir as well, on account of the promise which was made. This, indeed, applies to a work begun on account of a promise, and where the property of the party in question was not sufficient to comply with it, the Divine Severus and Antoninus stated in a Rescript that, in this instance, a foreign heir would be liable to a fifth part of the estate of the deceased, or his children to one-tenth. The Divine Pius, however, decided that where the donor was impoverished by the promise which he had made, and the work had been begun, a fifth part of his property would be liable.