Ulpianus, On the Edict, Book LXIII. Where anyone has made a contract with a son under paternal control, he has two debtors, the son for the entire amount, and the father only to the amount of the peculium.

Ulpianus, On the Edict, Book LXIII. Ad Dig. 16,2,10 pr.Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 349, Note 10.Where two of us, being partners, have been guilty of the same negligence in matters affecting the partnership, it must be said that we cease to be bound to one another, set-off for the negligence in this instance, taking place by operation of law. In like manner, it is held that, where one partner has appropriated something which belongs to the common property and the other has been guilty of such negligence that it may be estimated at the same amount, set-off is held to have taken place, as well as the release of liability of both parties to one another by operation of law. 1Ad Dig. 16,2,10,1Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 349, Note 5.Therefore, where anyone, being able to make a set-off pays, he can bring suit to recover the money as having been paid when it was not due. 2Whenever a right of action arises from a breach of the law, as, for instance, from theft and other offences, if only a suit involving money is brought, a set-off can be admitted. The same rule applies where an action is brought for the recovery of stolen property. But if a party is sued in a noxal action, he can claim a set-off. 3Set-off can also take place in stipulations which resemble certain forms of action, that is to say, prætorian ones; and, according to Julianus, set-off can be claimed as well with reference to a stipulation itself, as in the action based upon it.

The Same, On the Edict, Book LXIII. When it is agreed that a party who has lent money for the repair of a house shall receive from the rents, by way of pledge, the money which was loaned, he also is entitled to an equitable action against the tenants; just as in the case of security which the debtor has given to the creditor by way of pledge.

Ulpianus, On the Edict, Book LXIII. The term dowry does not apply to marriages which are void, for there cannot be a dowry without marriage. Therefore, where the name of marriage does not exist, there is no dowry.

Ulpianus, On the Edict, Book LXIII. In a stipulation relating to security against threatened injury, which is entered into on account of a house, the plaintiff shall be placed in possession, unless the bond covers everything.

Ad Dig. 40,5,7Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 92, Note 9.Ulpianus, On the Edict, Book LXIII. Where a hundred aurei are bequeathed to anyone, under the condition that the legatee shall purchase and manumit a slave belonging to another, and when the property of the heir is sold, the legatee shall only demand a portion and not all of his legacy, he cannot obtain it unless he gives security to manumit the slave; provided that the value of the portion which he will obtain will be as much as the price of the slave, and the master of the latter is ready to sell him for this price; otherwise, the legatee will be barred by an exception on the ground of bad faith.

The Same, On the Edict, Book LXIII. There are persons who can only be sued for amounts which they are able to pay; that is to say, without deducting their debts. Such persons are those against whom suit is brought on account of some partnership, for a partnership is understood to include all property. The same rule applies to ascendants,

Ulpianus, On the Edict, Book LXIII. The question arose whether the funeral expenses were only privileged, where the person whose property was sold was buried, or whether this was also the case where they were incurred for the interment of another. The present rule is that there will be ground for the privilege when anyone is buried (that is to say where it is necessary for an action for the funeral expenses to be brought, whether this is done for one whose property is about to be sold, or for someone who was indebted to another, and against whom such an action could have been brought, if he had lived). We hold that it makes very little difference by what kind of a proceeding expense of this kind is recovered, whether it be one to collect funeral expenses, or a suit in partition, or any other, provided that the expenses were actually incurred on account of the burial. Therefore, no matter what action is brought for this purpose, the party will also be entitled to one based on funeral expenses. Hence, if, by reason of a stipulation, the expenses of the funeral were deducted, it must be said that there is ground for the privilege, provided no one entered into the stipulation for the purpose of renouncing the privilege. 1If a betrothed woman gives a dowry, and the marriage does not take place, although she can recover her dowry by an action, still it is only just that she should be allowed to enjoy this privilege, even though the marriage was not solemnized. I think that the same rule will apply even if a minor under the age of twelve years is married, although she cannot yet be considered a wife.

Ulpianus, On the Edict, Book LXXI. In cases of this kind we also grant the privilege to the woman. 1If any person, at a time when he was not a guardian, transacts business as one, it is clear that there will be ground for the privilege. Nor does it make any difference whether he who transacts the business owes anything himself, or whether his heirs or other successors are debtors. Moreover, the ward himself is entitled to the privilege, but his heirs are not. It is, however, perfectly just that others to whom curators are given, as, for instance, those who are under age, or are spendthrifts,

Ulpianus, On the Edict, Book LV. Should enjoy the same privilege. 1Where, however, a curator is appointed for the property of a person who is absent, or has been captured by the enemy, or while the appointed heirs are deliberating as to the acceptance of the estate, it is not necessary for the privilege to be granted, for the same reason does not exist.

Ulpianus, On the Edict, Book LXIII. When a curator is appointed for an unborn child, and the child has not yet been brought forth, the privilege will not take effect. 1The Divine Marcus issued an Edict as follows, “If a creditor should lend money for the repair of buildings, will he be preferred to other creditors to the extent of his loan?” This only applies to him who, by the direction of the owner of the property, furnished the money to the person who made the repairs. 2Ad Dig. 42,5,24,2Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 271, Note 22; Bd. II, § 379, Note 6.In selling the property of a banker, it has been established that those will come after the preferred creditors who, in accordance with the public faith, have deposited their money in the bank. Those, however, who have received interest on their deposits from the banker, will not be distinguished from the ordinary creditors; and this is reasonable, for it is one thing to lend money, and another to deposit it. If, however, the money is still in existence, I think that it can be recovered by those who have deposited it, and that he who claims it will be preferred to the privileged creditors. 3Those creditors are given the preference whose money has come into the hands of the privileged creditors. But how shall we understand this to have been done? Is it as if the money immediately passed from the other creditors to those who are privileged, or shall we hold that it passed through the person of the debtor, that is to say, that it was paid to a privileged creditor before it was counted, and thus became the property of the debtor? Without being too exacting, this can be held to be the rule, provided payment was not made after a long interval.

The Same, On the Edict, Book LXIII. When the Treasury succeeds to the private rights of an individual, it makes use of this right for the time which preceded, its succession, but after it has succeeded, it will be entitled to its own privilege. But will a claim immediately begin to belong to it; or will it only do so after an action has been brought against the debtor; or will this be the case after the claim has been entered upon its register? are questions which may be asked. And, indeed, it demands the interest due to the Treasury from that time, although lower interest may have been due after it has sued the debtor, and he has acknowledged the debt. The Rescripts, however, do not agree with reference to the privilege. Still, I think that there will be ground for the privilege, when the claim has been recorded with those of other debtors. 1Any privileges to which the Treasury is entitled are also ordinarily enjoyed by the Emperor and the Empress.