Opinionum libri
Ex libro IV
Dig. 2,14,53Idem libro quarto opinionum. Sumptus quidem prorogare litiganti honestum est: pacisci autem, ut non quantitas eo nomine expensa cum usuris licitis restituatur, sed pars dimidia eius, quod ex ea lite datum erit, non licet.
The Same, Opinions, Book IV. It is entirely proper to advance the expenses of a suit to a party engaged in litigation, but it is not legal to enter into an agreement that the sum expended for that purpose shall not be paid with lawful interest, but that half the amount recovered by the suit shall be paid.
Dig. 3,3,74Ulpianus libro quarto opinionum. Nec civitatis actor negotium publicum per procuratorem agere potest.
Dig. 3,5,44Idem libro quarto opinionum. Quae utiliter in negotia alicuius erogantur, in quibus est etiam sumptus honeste ad honores per gradus pertinentes factus, actione negotiorum gestorum peti possunt. 1Qui pure testamento libertatem acceperunt, actus, quem viventibus dominis administraverunt, rationem reddere non conpelluntur. 2Titius pecuniam creditoribus hereditariis solvit existimans sororem suam defuncto heredem testamento extitisse. quamvis animo gerendi sororis negotia id fecisset, veritate tamen filiorum defuncti, qui sui heredes patri sublato testamento erant, gessisset: quia aequum est in damno eum non versari, actione negotiorum gestorum id eum petere placuit.
The Same, Opinions, Book IV. Where an expenditure of money is advantageously made by some one while transacting the business of another, which includes expenses honorably incurred to secure public offices which are obtained by degrees; the sum expended can be recovered by an action based on business transacted. 1Where slaves have received their freedom absolutely by will, they are not compelled to give an account of the matters which they transacted during the lifetime of their master. 2Titius, being under the impression that his sister was the testamentary heir of the deceased, paid a debt to the creditors of the estate. Although he did this with the intention of transacting the business of his sister, he was in fact doing it for the children of the deceased who would be the proper heirs of their father if there had been no will; and, because it is just that he should not be subjected to loss, it is established that he can recover what he has paid by a suit based on business transacted.
Dig. 3,6,8Ulpianus libro quarto opinionum. Si ab eo, qui innocens fuit, sub specie criminis alicuius, quod in eo probatum non est, pecuniam acceptam is cuius de ea re notio est edoctus fuerit: id quod illicite extortum est secundum edicti formam, quod de his est, qui pecuniam ut negotium facerent aut non facerent accepisse dicerentur, restitui iubeat et ei, qui id commisit, pro modo delicti poenam irroget.
Ulpianus, Opinions, Book IV. When a competent judge is informed by an innocent man that he has paid money on account of a crime which was not proved against him; he must order what has been unlawfully extorted to be refunded, according to the terms of the Edict which treat of persons who are said to have received money either to cause annoyance, or to refrain from doing so; and he must inflict punishment in proportion to the crime upon the party who committed it.
Dig. 4,3,33Ulpianus libro quarto opinionum. Rei, quam venalem possessor habebat, litem proprietatis adversarius movere coepit et posteaquam oportunitatem emptoris, cui venundari potuit, peremit, destitit: placuit possessori hoc nomine actionem in factum cum sua indemnitate competere.
Ulpianus, Opinions, Book IV. A certain man was the possessor of an article which he wished to sell, and another brought suit to establish the right of property, and after having deprived him of the opportunity of selling the article to the purchaser, he abandoned the case. It was held that the party in possession was under the circumstances entitled to an action in factum for the purpose of indemnification.
Dig. 47,11,2Ulpianus libro quarto opinionum. Sub praetextu religionis vel sub specie solvendi voti coetus illicitos nec a veteranis temptari oportet.