Responsorum libri
Ex libro XIX
Dig. 14,2,3Papinianus libro nono decimo responsorum. Cum arbor aut aliud navis instrumentum removendi communis periculi causa deiectum est, contributio debetur.
Papinianus, Opinions, Book XIX. Where a mast, or any other part of the equipment of a ship is thrown overboard for the purpose of removing a danger common to all, contribution is required.
Dig. 38,1,43Idem libro nono decimo responsorum. Operis obligatus militiae nomen non sine iniuria patroni dabit.
Dig. 49,1,23Idem libro nono decimo responsorum. Ex consensu litigantium citra compromissum a praeside provinciae iudice dato victus potest provocare. 1Cum procurator Caesaris, qui partibus praesidis non fungebatur, in lite privatorum ius dandi iudicis non habuisset, frustra provocatum ab ea sententia constitit, quae non tenebat. 2Filium familias, cum adversus patrem eius de bonis, quae per ipsum poterant adquiri, pronuntiatum esset, respondi non nisi patris nomine potuisse provocare. 3Eum, qui cognovit edictum peremptorium, secundum ordinis causam dati placuit non recte provocasse, cum in eius potestate fuerit ante diem praestitutum pro tribunali respondentem aut defensum edicti denuntiationem rumpere.
The Same, Opinions, Book XIX. When a judge has been appointed by the Governor of a province for the purpose of compromising a case with the consent of the litigants, the defeated party can appeal. 1When a representative of the Emperor who did not discharge the duties of Governor, or have the right to appoint a judge in private causes, gave a decision, it was held that it was useless to appeal from a judgment which did not render anyone liable. 2When a decision was rendered against the father of a son under paternal control, involving property which he could acquire through his son, I gave it as my opinion that the son could not appeal except in the name of his father. 3It was decided that he who knew that a peremptory Edict was granted him on account of his rank had no right to appeal, since it was in his power to answer in court before the day appointed, and thereby protect himself by avoiding the denunciation of the Edict.
Dig. 49,16,15Papinianus libro nono decimo responsorum. Ex causa desertionis notatus ac restitutus temporis, quod in desertione fuerit, impendiis expungitur. quod si ratio constiterit neque desertorem fuisse apparuerit, omnia stipendia citra temporis finem redduntur.
Papinianus, Opinions, Book XIX. A soldier who has been branded with infamy because of desertion, and reinstated, is deprived of his pay during the time of his desertion; because if he has a good excuse, and it appears that he was not a deserter, all his pay will be given him without deducting the time of his absence.
Dig. 49,17,16Idem libro nono decimo responsorum. Dotem filio familias datam vel promissam in peculio castrensi non esse respondi. nec ea res contraria videbitur ei, quod divi Hadriani temporibus filium familias militem uxori heredem extitisse placuit et hereditatem in castrense peculium habuisse. nam hereditas adventicio iure quaeritur, dos autem matrimonio cohaerens oneribus eius ac liberis communibus, qui sunt in avi familia, confertur. 1Hereditatem castrensi peculio non videri quaesitam respondi, quam frater patruelis in alia provincia stipendia merens fratri patrueli, cum quo numquam militavit, reliquit: sanguinis etenim ratio, non militiae causa meritum hereditatis accipiendae praebuerat.
The Same, Opinions, Book XIX. I held that a dowry given or promised to a son under paternal control will not form part of his peculium castrense. This does not appear to be opposed to the opinion published in the time of the Divine Hadrian, by which it was decided that a son under paternal control, who is in the army, could be the heir of his wife, and that her estate would form part of his castrense peculium, for an inheritance is acquired by adventitious right, while a dowry is inseparable from marriage, and is bestowed with its charges for the benefit of the common children belonging to the family of their grandfather. 1I also gave it as my opinion that anything which one paternal uncle left to another paternal uncle, with whom he had never served in the army, and which he had acquired in another province, should not be considered as a part of the peculium castrense of him to whom it was bequeathed; as the consideration of blood relationship, and not that of military service, was the cause of his receiving the estate.
Dig. 50,15,5Papinianus libro nono decimo responsorum. Cum possessor unus expediendi negotii causa tributorum iure conveniretur, adversus ceteros, quorum aeque praedia tenentur, ei qui conventus est actiones a fisco praestantur, scilicet ut omnes pro modo praediorum pecuniam tributi conferant. nec inutiliter actiones praestantur, tametsi fiscus pecuniam suam reciperaverit, quia nominum venditorum pretium acceptum videtur. 1Qui non habita ratione tributorum ex causa fideicommissi praedia restituunt, actionem ex divi Pii Antonini litteris habent, quam legato quoque soluto locum habere voluit. 2Pro pecunia tributi, quod sua die non est redditum, quo minus praedium iure pignoris distrahatur, oblata moratoria cautio non admittitur: nec audietur legatarius contradicens ob tributa praeteriti temporis, quod heres solvendo sit et is, qui tributis recipiendis praepositus fuerat.
Papinianus, Opinions, Book XIX. Where one of several possessors of a tract of land is sued for taxes, and, for the purpose of expediting matters, pays what is due, rights of action are assigned by the Treasury in favor of him who was sued against the others who also had possession, in order that all of them may pay the amount of the tax in proportion to their respective interests in the land. These rights of action are not uselessly granted, even though the Treasury may have recovered its money, because it is understood to have received the amount in the names of those who owned the property. 1Persons who have transferred land under the terms of a trust, where no account was rendered of the taxes, have, according to an Epistle of the Divine Pius Antoninus, a right of action against the beneficiary to compel reimbursement of the taxes paid. 2Where a tax imposed upon the land is not paid when it is due, the land can be sold by the right of pledge, in order to collect the tax; and if security is offered to obtain delay, it shall not be accepted; nor shall the legatee be heard if he objects on the ground that taxes for the past time remain unpaid, because the heir, as well as the person appointed to receive the tax, is solvent.