Terentius Clemens, On the Lex Julia et Papia, Book V. Where, however, during the existence of the marriage, property belonging to someone else is given by a husband to his wife, it must be said that the wife is immediately permitted to begin to hold it by usucaption, because, although it was not given to her mortis causa, its usucaption will not be prevented. For the law, as established, has reference to those donations by which the wife is enriched, and the husband becomes poorer; and therefore a donation mortis causa may take place—just as is understood to be made between persons who are not married—with reference to property which can be acquired by usucaption, because it belongs to another.

Terentius Clemens, On the Lex Julia et Papia, Book V. Where a legacy is bequeathed under the following condition, “If she should not marry Lucius Titius,” Julianus says that the law will not apply. 1If, however, the testator had said, “If he should not marry Aricia,” it should be ascertained whether a fraud on the law has not been perpetrated; for if the said Aricia was a woman who could not easily find another man to marry, it should be held that what the testator had said for the purpose of evasion became void by operation of law, for a law which is beneficial to the State and which has been enacted for the purpose of increasing the population should be aided by a favorable interpretation.

Terentius Clemens, On the Lex Julia et Papia, Book V. The question arose, what would be the rule if a patron compelled his freedwoman to swear that she would not marry as long as her children are under the age of puberty? Julianus says that he would not be held to have acted against the Lex Ælia Sentia, as he did not enjoin her to remain in perpetual widowhood.

Ad Dig. 50,16,151Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. III, § 594, Note 1.Terentius Clemens, On the Lex Julia et Papia, Book V. An estate is understood to have been granted to anyone when he can acquire it by entering upon the same.