Papinianus, Definitions, Book I. A statute is a general precept; a resolution of men learned in the law; a restraint of crimes committed either voluntarily or through ignorance; or a general obligation of the State.

Papinianus, Definitions, Book I. When the Aquilian stipulation is made use of, the consent of the contracting parties is implied, and any actions which they had not yet thought of remain in their former condition; for the interpretation of persons learned in the law is opposed to all captious liberality.

Papinianus, Definitions, Book I. When a condition refers to the time when the obligation was contracted, the stipulation is not suspended, and if the condition is an actual one, the stipulation will hold, even though the contracting parties do not know that this is the case; for instance: “Do you promise to pay me a hundred thousand sesterces if the King of the Parthians is living?” The same rule also applies where the condition refers to time which has passed:

Papinianus, Definitions, Book I. Therefore the clause only acquires the force of a condition when it relates to the future.

The Same, Definitions, Book I. Possession is held to have been transferred where the keys of a warehouse containing merchandise have been delivered, provided they are given up at the said warehouse; and when this is done, the purchaser immediately acquires ownership, and possession of the same, even though he does not open the warehouse; and if the merchandise does not belong to the vendor, the right of usucaption begins immediately to run.

The Same, Definitions, Book I. An error of fact does not, indeed, prejudice the rights of men where they seek to obtain property, or to avoid losing it; and ignorance of the law is no advantage, even to women, when they attempt to acquire it. A mistake in law, however, does not injure any person in an attempt to avoid the loss of property.

The Same, Definitions, Book I. Where the prefect of a cohort or of cavalry, or a tribune, marries a woman of the province in which he is stationed, this being prohibited by law, the marriage will be void. This case is similar to that of a ward, as the marriage is forbidden on account of the authority exercised. But is there room for doubt that where a virgin marries, she can be deprived of what was left to her by will? As in the case of a ward married to her guardian, the wife can acquire everything that is bequeathed to her; still, any money which has been left by way of dowry must be given up to the heir of the woman.

The Same, Definitions, Book I. If a woman who has children should return to her husband through duplicity, after a quarrel; as for instance, where, through venal motives, she agrees that she shall not be endowed; this agreement being contrary to custom ought not to be enforced, in accordance with the circumstances of the case.

The Same, Definitions, Book I. A judge decided that one guardian out of several was liable for the entire amount. He who was the subject of the decree can act as attorney with reference to his own affairs, but he will not be entitled to the privilege of a ward, since this is not conferred even upon the heir of a ward, and relief is given, not to the case, but to the person of the ward, who is deserving of a special favor.

The Same, Definitions, Book I. When a ward transfers his right of action on guardianship to the guardian against whom a judgment has been rendered in full, to be enforced against his fellow-guardian, the right of action will not be extinguished, even though this is done after the judgment has been satisfied, because it is held that an account is not rendered for the share of the defeated guardian, but that the amount of the claim has been paid.

Papinianus, Definitions, Book I. A will is said not to have been executed in compliance with the law, where the legal formalities are lacking; or to be of no force and effect, where a son who is under the control of his father is passed over; or broken by another subsequent will, when by the terms of the latter, an heir is created, or the birth of a proper heir takes place; or where it does not become operative because the estate is not entered upon.

Papinianus, Definitions, Book I. An estate cannot legally be bequeathed from a certain time or until a certain time, but the defect with reference to the time having been ignored, the appointment of the heir will stand.

The Same, Definitions, Book I. If no mention was made of the remainder, and the number of the shares was doubled, Mævius would only be entitled to as much as Titius would have been entitled to in the first place.

The Same, Definitions, Book I. Where a man left two children his heirs who had not yet reached the age of puberty, and made a substitution for them as follows: “If both of them should die”, and both died at the same time, after the death of their father, the two estates will belong to the substitute; but if they died at different times, the substitute will find in the estate of the boy who died last that of his brother who died previously, but, according to the terms of the Falcidian Law, the estate of the first boy will not be included; the substitute cannot claim more than an eighth of the estate under the will; and the legacies, with whose distribution the substitute of the son who first died intestate was charged, become of no effect.

Ad Dig. 31,80Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. III, § 652, Note 17.The Same, Definitions, Book I. A legacy transfers the ownership of the property bequeathed, just as inheritance vests in the heir the ownership of each individual article included in it, the result of which is, that if the property is bequeathed absolutely, and the legatee does not reject the will of the deceased, the ownership of the property belonging to the estate passes directly to the legatee, without having become the property of the heir.

The Same, Definitions, Book I. “Let my heir pay Titius a hundred aurei at the time of the latter’s death.” The legacy is absolute for the reason that it is not dependent upon the condition, but upon delay; for a condition cannot exist under such circumstances. 1“Let my heir, when he dies, pay Titius a hundred aurei.” This legacy is bequeathed under a condition. For although it is certain that the heir will die, it is, nevertheless, uncertain whether the time for the payment of the legacy will arrive during the life of the legatee, and it is not certain that he will receive it. 2Where anyone receives a legacy after having furnished a Mucian bond, and does something contrary to the terms of the bond, and the stipulation becomes operative, he must also restore the profits of the property to the heir. In this instance the legatee should be compelled to give security from the beginning. 3Although an usufruct to take effect at the time of the death of the legatee, when bequeathed in this way is void, still, the remedy of the Mucian bond will be available where the usufruct of property is bequeathed to anyone under the condition that he will not perform some act. 4Anything which is done to evade the law by preventing marriage has no force or effect, as for example, “Let my heir pay Titius a hundred aurei if his daughter, whom he has under his control, does not marry,” or “Let my heir pay the said sum to such-and-such a son under paternal control, if his father does not marry.”

The Same, Definitions, Book I. The claim made against a person is designated an “action;” one made against a thing is called a “petition,” the term “pursuit,” instituted for the purpose of recovering the property, is employed both against things and persons.

Ad Dig. 45,1,123ROHGE, Bd. 15 (1875), Nr. 7, S. 18: Verweisung des Gläubigers seitens eines Solidarschuldners an den andern unter Sicherstellung des Gläubigers. Keine Einrede daraus für den andern Schuldner?Papinianus, Definitions, Book I. A stipulation entered into concerning a crime which has been Or is to be committed, is void from the beginning.