Paulus, On the Edict, Book LVIII. It must be held that every obligation should be considered as based upon a contract, so that, wherever anyone binds himself, he is held to have made a contract, even though the transaction was not one of indebtedness arising out of a loan.

Paulus, On the Edict, Book LVIII. While the son is deliberating, he should be supported at the expense of the estate.

Paulus, On the Edict, Book LVIII. He, likewise, who interferes with matters connected with the estate, is considered to enter into a contract.

Paulus, On the Edict, Book LVIII. If it is not advisable for a minor to keep the estate of his father, the Prætor will permit the property of the deceased to be sold, in order that anything which remains may be delivered to the minor. 1Ad Dig. 42,5,6,1Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 463, Note 31.If the minor, before he rejects the estate, should transact any business relating to it, what he did should be considered valid, provided he acted in good faith. 2Ad Dig. 42,5,6,2Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 463, Note 31.But what if, after having paid some of his creditors, his property should afterwards be sold by others? If inquiry is made as to whether there can be any recovery, Julianus says that, if proper cause is shown, the matter should be decided in such a way as to prevent the rights of a diligent creditor from being prejudiced by either the negligence or cupidity of another. But if both creditors pressed their claims for payment at the same time, and the guardian only paid you, it is but just that I should either obtain as much, or that you should contribute out of what you had received. This is what Julianus says. It is evident, however, that he refers to the case of a ward, where payment was made out of the property of the estate of his father. What course then should be pursued, if the ward had obtained the money for payment from some other source? Would he be required to return it or not? And should it be refunded by the creditor, or taken from the estate? Our Scævola says that if there is anything in the estate, it should be entirely deducted; just as in the case of a person who transacts the business of another. If, however, nothing remains in the estate, it would not be inequitable to grant an action for recovery against the creditor, for money which was paid without being due.

The Same, On the Edict, Book LVIII. Where money is promised upon a certain day, under a penalty, and the promisor dies before the day arrives, the penalty will be incurred, even though the estate may not have been accepted.