Ad edictum praetoris libri
Ex libro LX
The Same, On the Edict, Book LX. He who grants the management of the peculium is understood to permit generally what he would be willing to permit specifically.
The Same, On the Edict, Book LX. Where property has been deposited with a son under paternal control, and he still retains it after having been emancipated, the father cannot be sued on the peculium within a year, but the son can be. 1Trebatius goes still farther, for he thinks that if the deposit was made with the slave, and he, having been manumitted, retains the property, an action should be granted against him, and not against his master; although an action is not granted against a manumitted person in other cases.
The Same, On the Edict, Book LX. If we are partners, and one of us owes a sum of money payable within a certain time, and the partnership is dissolved; the partner cannot deduct this sum as if it was due at that time, but it must be divided among all the partners, who should give security to defend their other partner when the day of payment arrives.
The Same, On the Edict, Book LX. It is to the interest of the State that women should have their dowries preserved, in order that they can marry again.
Paulus, On the Edict, Book LX. Where a ward relinquishes his testamentary rights through the fraudulent representations of his guardian, and obtains the estate as heir-at-law, actions to recover the legacies should be granted against the ward, but only to the extent that the estate had been acquired by him. But what if he had obtained possession of the estate along with another? 1Many authorities think that this rule should be observed only with reference to a youth who has arrived at puberty, and that he should only be liable for the share of the estate in his possession; even though the Prætor grants an action against him just as if he had entered upon the estate.
Paulus, On the Edict, Book LX. In the consideration of the Falcidian Law, anything which is left to be paid within a certain period is not held to have been absolutely bequeathed; for the value of advantage enjoyed by the heir in the meantime must be computed. 1Proculus thinks that where a question arises under the Falcidian Law with reference to legacies conditionally bequeathed, that only such property as is salable is included in them. If this is the case, and the deduction can be made, as much will be considered to be due as the claim will bring, if sold. This opinion, however, has not been adopted, therefore it is better that the transaction should be arranged by both parties giving security.
The Same, On the Edict, Book LX. Ten aurei were bequeathed by a testator, and the legatee was charged to purchase Stichus and manumit him. The Falcidian Law will apply, and the slave cannot be purchased for less than ten aurei. Some authorities hold that the legatee is entitled to three-fourths of the legacy, and should not be compelled to purchase the slave. They also think that even if an heir was requested to manumit his own slave, and only receives three-fourths of his legacy, he will not be compelled to manumit him. Let us see whether, in this instance, another opinion should not be adopted. There are certain authorities who hold that, in the first place, the legatee should be compelled to assume the charge and purchase the slave, if he only receives three-fourths of his legacy. If, however, he is prepared to return what he has received, let us see whether he should be heard. The heir should be forced to pay the entire ten aurei, just as if the testator had expressly stated that the legacy should be paid in full.
Paulus, On the Edict, Book LX. It must be noted that the heirs of such persons are not liable to the extent of their ability to make payment, but for the entire amount.
Paulus, On the Edict, Book LX. It is to the interest of the public for her to recover her entire dowry, in order that she may be able to marry when her age permits her to do so.
Paulus, On the Edict, Book XC. Or who are deaf or dumb,
Paulus, On the Edict, Book LX. Where anyone, through motives of friendship, transacts the business of a minor under the age of puberty, he must preserve for him the privilege to which he is entitled, when his property is sold. This opinion I have accepted.