Modestinus, Rules, Book II. Sons of families are not only created by nature but also by adoption. 1The term “adoption” is one of general signification, and includes two kinds; one of which is likewise styled adoption, the other arrogation. The sons of families are adopted; those who are their own masters are arrogated.

Modestinus, Rules, Book II. It is the opinion of Neratius that a magistrate before whom a legal action can be brought can emancipate his own children, or give them in adoption before himself.

Modestinus, Rules, Book II. It was formerly held that the authority of a curator could not be interposed in a case of arrogation; but this has been very properly changed by the Divine Claudius.

The Same, Rules, Book II. When a father emancipates his son by whom he has a grandson under his control and afterwards adopts his son and dies, the grandson does not again come under the authority of his father. Nor does the grandson come under the control of his father if his grandfather retained him in his power when he gave his son in adoption, and readopted him afterwards.

Modestinus, Rules, Book II. The use of water is a personal right, and therefore cannot be transmitted to the heir of the party entitled to the same.

The Same, Rules, Book II. A son who has been emancipated can marry without the consent of his father, and any son that he may have will be his heir.

Modestinus, Rules, Book II. We contract an obligation either with reference to the property itself, or by words, or by both of these at the same time, or by consent, or by the Common Law, or by Prætorian Law, or by necessity, or by a criminal offence. 1We contract an obligation on account of the property, when it is delivered to us. 2We contract one by words, where a question is asked, and a proper answer is given. 3We contract an obligation on account of the property and by words, where the property is delivered, and answers to questions are given at the same time. 4When we consent to anything, we are necessarily liable on account of our voluntary acquiescence. 5We contract an obligation by the Common Law, when we obey the laws in accordance with what they prescribe, or we violate them. 6We contract an obligation by Prætorian Law when something is ordered to be done or prohibited by the Perpetual Edict, or by the magistrate. 7Those contract an obligation by necessity who cannot do anything else than what they are directed to do. This happens in the case of a necessary heir, 8We contract an obligation on account of a criminal offence, where the principal part of the inquiry has reference to the illegal act committed. 9Even simple consent will be sufficient to establish an obligation, although it may be expressed by words. 10Many obligations are contracted merely by signs of assent.

Modestinus, Rules, Book II. The person who stipulates is called the contractor of the stipulation; he who promises is considered the contractor of the promise.

Modestinus, Rules, Book II. An action should not be granted to permit this surety to proceed against his fellow-surety; and therefore, if, of two sureties for the same amount, one, after having been selected by the creditor, makes payment in full, and the rights of action are not assigned to him, the other surety cannot be sued either by the creditor or by his fellow-surety.

Modestinus, Rules, Book II. A release is a discharge from liability through mutual interrogation, by means of which both parties are freed from compliance with the same contract.