The Same, Opinions, Book XII. Pomponius Philadelphus transferred certain tracts of land by way of dowry to a daughter who was under his control, and directed that the income of the same should be paid to his son-in-law. The question arose whether the daughter could retain the property as her own if her father appointed all his children heirs. I answered that she would have good cause to retain possession of the same, since her father wishes the land in question to be given by way of dowry, and that the marriage had continued even after the death of the father; for the case under consideration was that the daughter held possession of the property according to natural law by virtue of the dowry which she was capable of receiving.

The Same, Opinions, Book XII. Six available months from the time that proceedings should have been instituted are granted in which to file an action for the return of a slave, and the power to proceed will not be held to have existed where the party was ignorant that he was in the habit of running away, and this fault had been concealed. Still, the gross ignorance of the purchaser on this point must not be excused.

The Same, Opinions, Book XII. A father inserted into the dotal contract executed at the time of his daughter’s marriage that she should receive a dowry, with the understanding that she must expect nothing more from her father’s estate. It Was decided that this clause did not change the right of succession, for the contracts of private individuals are not held to supersede the authority of the laws.

The Same, Opinions, Book XII. Ad Dig. 39,5,29 pr.ROHGE, Bd. 5 (1872), S. 44: Charakter eines onerosen Geschäfts, das in seinem Erfolge nur dem einen Theile vortheilhaft ist.A donation is held to be made if property is given when the donor is not compelled to do so by any law. 1A certain person, having been interrogated in court, answered that the heirs of his guardian did not owe him anything. I gave it as my opinion that, by doing so, he had lost his right of action, for although these words may be understood to indicate not a business transaction, but a donation, still, he who has made an admission in court cannot contradict it. 2It has been settled that where anyone makes a donation of a portion of the estate of his next of kin, who is still living, it is void. But it was held that if he who made the donation afterwards succeeded to the estate under the Prætorian Law, all suits arising from it should be refused him, because his acting in such haste was contrary both to good morals and the Law of Nations.

Papinianus, Opinions, Book XIII. It is established that donations made to a concubine cannot be revoked, for not even if marriage should afterwards be contracted by the parties, will what formerly was valid by law become of no force or effect? But where the question was asked if marital honor and affection did not already exist, I answered that this should be determined by considering the character of the persons and the nature of their union in life, for a mere written contract does not constitute marriage. 1Where certain property was given by a mother to the husband of her daughter, in addition to the dowry, I gave it as my opinion that it should be considered to have been given to the daughter, who herself was present, and delivered it to her husband; and that the mother, who was offended, had no right to recover the property, nor could she under the law bring a personal action to do so, because the husband had specifically provided that the said property should be given to him for the benefit of the girl, in addition to her dowry; since by this statement, not only was the character of the donation indicated, and it was clear that the property was not separated from the use of the same, but it also showed that it was a peculium separate and distinct from the dowry. The magistrate, however, should determine whether the mother should recover the property if she was justly offended with her daughter, and he must render a decision with proper regard to the respect to be manifested toward a mother, and one which will coincide with the judgment of a good citizen. 2Ad Dig. 39,5,31,2Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 518, Note 6.A father who gave certain slaves to his daughter, who was under his control, and did not deprive her of her peculium when he emancipated her, is held to have perfected the donation by his subsequent act. 3I gave it as my opinion, that where property was deposited in a temple under the condition that he alone could remove it who left it there, or Ælius Speratus, after the death of the owner, it would not be considered as a donation. 4Donations cannot be valid after the crime of treason has been committed, as the heir is also liable, even though the guilty party should die before having been convicted.

The Same, Opinions, Book XII. A master who has gained his case, and wishes to take away his slave, cannot be compelled to accept the appraised value instead of the slave.

The Same, Opinions, Book XII. A separation of property shall also be granted to creditors where the debt is due after a certain time, or under some condition, on account of which they have not yet been able to bring suit to recover the money, since provision has also been made for them by double security. 1It is established that legatees are considered to have a lien only upon that part of an estate which remains after the debts are paid.

The Same, Opinions, Book XII. A minor of twenty-five years of age, who was a creditor, desiring to collect his money, a man whom he had appointed his agent gave security to the debtor that payment of the obligation would be ratified. If complete restitution should be granted, it was decided that a suit for the collection of money which was not due could not be brought, and that the stipulation had not become operative. The same rule will apply, if the minor should ratify the act of a false agent. Therefore, where a mandate had been given, it should be provided, “That if he, or his heir should obtain complete restitution, or anyone to whom the property in question belongs should do so, a sum of money equal to the value of the property shall be paid.” If, however, there was no mandate, the ordinary clause referring to ratification ought to be inserted, and it would be more prudent to do this with the consent of the contracting parties. Otherwise, if there is no agreement to this effect, and the minor creditor does not give his consent, an action must be granted. 1A false agent gave security for ratification, and having lost the case, his principal appealed from the decision of the judge, and it appeared that the condition of the stipulation had failed to be fulfilled, as the unsuccessful party could have had recourse to a common remedy. If, however, the principal, not having ratified the act of his agent, should collect the money, the stipulation for ratification would take effect, so far as the money which the master had received is concerned, although the agent himself might have received nothing.