Paulus, On the Edict, Book XXVIII. We make the loan called mutuum when we are not to receive in return the same article which we gave (otherwise this would be a loan for use or a deposit) but something of the same kind; for if it was of some other kind, as for instance, if we were to receive wine for grain, it would not come under this head. 1A gift of mutuum has reference to articles which can be weighed, counted, or measured, since people by giving these can contract a credit; because by payment in kind they perform the contract instead of paying in specie. For we cannot contract a credit with respect to other articles, because the creditor cannot be paid by giving him one thing in exchange for another, where he does not give his consent. 2A loan of this kind is so called mutuum. because the article becomes yours instead of mine, and therefore it does not become yours if the obligation does not arise. 3Therefore a credit differs from a mutuum just as a genus differs from a species; for a credit may exist separate from articles which can be weighed, counted, or measured, so that it is a credit where we are to receive the very same article in return. Moreover, a mutuum cannot exist in the case of money unless the money is paid down, but a credit can sometimes exist even though nothing is paid; as, for instance, where a dowry is promised after marriage. 4In a loan of this kind he who makes it must be the owner, and no objection can be raised because sons under paternal control and slaves can cause an obligation to arise by loaning money which is part of their peculium; for it is the same thing as if you pay money at my request, for I would then acquire a right of action even though the money did not belong to me. 5We can also give credit by means of words, where some act is performed for the purpose of creating an obligation, as, for instance, a stipulation.

Paulus, On the Edict, Book XXVIII. An article is styled “certain” when the kind or quality which is the subject of an obligation is specifically designated either by name or by some description which performs the function of a name, and its quality and quantity are made manifest. Pedius states in the First Book of Stipulations, that it makes no difference whether anything is called by its own name, or pointed out with a finger, or described in so many words, since these methods perform common functions, any one of which is as good as another.

Paulus, On the Edict, Book XXVIII. It is much more true that the religious feeling of a son is advantageous to his father, where suit can be brought against the latter. But where parties of this kind tender the oath back, they do not render the legal position of those to whose authority they are subject any worse.

Paulus, On the Edict, Book XXVIII. When the guardian of a ward tenders an oath where all other evidence is lacking, he must be heard, for circumstances may exist under which an action will be refused the ward. 1Where a spendthrift tenders an oath, he shall not be heard, and the same rule applies in other similar cases; for, whether the oath takes the place of an agreement, or of a debt, the payment of the execution of a judgment, it should not be allowed, except when tendered by those who are properly qualified for such things. 2Parties who cannot be compelled to join issue at Rome, cannot be compelled to make oath there; as, for example, provincial envoys.

Paulus, On the Edict, Book XXVIII. Where anyone thinking that he is obliged to make payment at some certain place, pays something that is not due, he can bring an action to recover the money anywhere that he chooses; for the special right of action for recovery does not follow the mistaken opinion of the person who pays.

Paulus, On the Edict, Book XXVIII. Where an heir is directed by the testator to pay something at a certain place an arbitrarian action will lie.

Paulus, On the Edict, Book XXVIII. In bona fide cases, even if it was agreed upon in the contract that something should be delivered at a certain place, an action can be brought on purchase, on sale, or on deposit, but an arbitrarian action will not lie. 1Where, however, a party stipulated that he would deliver the property at a certain place, this action must be employed.