Licinnii Rufini Opera
Regularum libri
Ex libro I
Licinius Rufinus, Rules, Book I. When a female slave has been manumitted for the purpose of matrimony, she cannot marry anyone else than the party by whom she was set free, unless her patron renounces the right of marriage with her. 1Where, however, a son under paternal control manumits a female slave by order of his father, for the purpose of matrimony, Julianus thinks that she is in the same position as if she had been manumitted by the father, and therefore that he can marry her.
Licinius Rufinus, Rules, Book I. Where two heirs are appointed, and a slave is ordered to be free if he pays ten aurei to the heirs, and he is sold and delivered by one of the latter, he will become free by paying half of the sum to the other heir by whom he was not sold.
Licinius Rufinus, Rules, Book I. Usucaption cannot take place without possession.
Ex libro II
Licinius Rufinus, Rules, Book II. Those witnesses are not considered to be competent who can be commanded to testify.
Licinius Rufinus, Rules, Book II. If anyone should appoint an heir as follows: “Let him be my heir, with the exception of the land and the usufruct”, according to the Civil Law, this will be just as if the heir was appointed without the property; and this rule was established by the authority of Gaius Aquilius.
Licinius Rufinus, Rules, Book II. When the appointment of an heir is void from the beginning it cannot be rendered valid by lapse of time.
Ex libro III
Licinius Rufinus, Rules, Book III. The Deputies of Proconsuls can appoint guardians.
Ex libro IV
Licinnius Rufinus, Rules, Book IV. Where property is bequeathed by a legacy, and suit is brought to recover it by an action in personam, it must be delivered where it is, unless it has been maliciously removed by the heir; and then it shall be surrendered where suit is brought for it. Again, a legacy consisting of articles which may be weighed, counted, or measured, must be delivered where suit is brought for it; unless the following words were added, “A hundred measures of corn from such-and-such a granary”, or “so many amphoræ from such-and-such a cask”. Where, however, suit is brought for a legacy by an action in rem, it must also be brought where the property is. If the latter is movable, an action for its production will lie against the heir to compel him to produce it, for then suit can be brought by the legatee for its recovery.
Licinius Rufinus, Rules, Book IV. Where a slave belonging to another is appointed an heir, his master can be charged with the execution of a trust. The latter, however, will not be obliged to execute it, unless he becomes the heir to the estate through his slave. If, however, the slave should be manumitted before he enters upon the estate by the order of his master, he can accept the estate if he chooses to do so, and the master will not be obliged to execute the trust, because he did not become the heir, and the slave will not be compelled to do so, for the reason that he was not charged with it. Therefore, an equitable action will lie in this case, in order that he who will benefit by the estate may be forced to execute the trust.
Licinius Rufinus, Rules, Book IV. Only he can be deprived of a legacy to whom it was bequeathed, and therefore if a bequest should be made to the son or the slave of another, the father or the master cannot be deprived of it.
Ex libro V
Licinius Rufinus, Rules, Book V. Freedom can also be bestowed under the terms of a trust, and, in fact, to even a greater extent than where it is directly bestowed, for by means of a trust it can be granted not only to one’s own slaves, but also to those of another; provided words in common use and by which the intention of the testator is plainly expressed are employed.
Ex libro VI
Licinius, Rufinus, Rules, Book VI. For the Emperor Antoninus decided that a wife could give property to her husband for the purpose of furthering his interests.
Ex libro VII
Licinius Rufus, Rules, Book VII. Where there is only one relative, he is included in the term “next of kin.”
Ex libro VIII
Licinius Rufinus, Rules, Book VIII. Many authorities held that the purchase of a freeman could be made, provided the transaction took place among parties ignorant of the facts. It has been decided that the same rule applies even if the vendor knows that this is the case, and the purchaser is ignorant of it; for if the purchaser, knowing a man to be free, buys him, the purchase will be void.
Callistratus, The Minority Edict, Book I. It must be remembered that where issue has been joined in a case, it passes against the heir and other persons of this kind.
Ex libro X
Ex libro XIII
Licinius Rufinus, Rules, Book XIII. If anyone objects to a party against whom judgment has been rendered retaining any provisions, or his bed, a penal prætorian action should be granted against him; or, as some authorities hold, he can be sued for injury sustained.