Ulpianus, Rules. A father, and a son who is under his control, and also two brothers, subject to the authority of the same father, can be witnesses in the case of a will, or in the same transaction; since there is nothing to prevent several witnesses belonging to one household from testifying in a matter in which another party is interested.

Ulpianus, Rules, Book V. Ad Dig. 44,7,25 pr.ROHGE, Bd. 9 (1873), S. 33: Zulässigkeit der Klagen auf Feststellung eines obligatorischen Verhältnisses.ROHGE, Bd. 9 (1873), S. 33: Klagen auf Feststellung eines obligatorischen Verhältnisses.There are two kinds of actions, one a real one, which is styled vindictio, and the other a personal one, which is called condictio. The real action is that by which we sue for property belonging to us which is in the possession of another, and it is always brought against the party in possession. The personal action is one which we bring against a person who is bound to do something for, or give something to us, and it is always against him that it is brought. 1Some actions are based on contract, others on an act, and others still are in factum. An action is founded upon a contract whenever one person has entered into an agreement with another for his own advantage; as, for instance, by a purchase, a sale, a hiring, a lease, and other transactions of this kind. An action based on an act is where anyone is liable for some offence which he himself has committed; for instance, a theft or an injury, or for some damage which he has caused. An action in factum is, for example, one which is granted to a patron against his freedman, by whom he has been brought into court in violation of the Prætorian Edict. 2All actions are said to be either civil or prætorian.

Ulpianus, Rules, Book I. Justice is the constant and perpetual desire to give to every one that to which he is entitled. 1The precepts of the law are the following: to live honorably, to injure no one, to give to every one his due. 2The science of the law is the acquaintance with Divine and human affairs, the knowledge of what is just and what is unjust.

Ulpianus, Rules, Book I. The duties of him who has the right of dispensing justice are very extensive; for he can grant the possession of estates, place the parties in possession, appoint guardians for minors who have none, and designate judges for litigants.

The Same, Rules, Book I. Where a slave owned in common is appointed an heir by a stranger, and enters upon the estate by the order of one of his masters; this does not, in the meantime, constitute him the heir of a larger amount than his master is entitled to. If, however, his other masters do not order him to accept the estate, their shares will accrue to him tacitly by operation of law.

Ulpianus, Rules, Book I. In computing the addition of the time of possession, it is true that the master is entitled to the benefit of the time during which the slave was in flight.

Ulpianus, Rules, Book I. Anyone who knowingly purchases a freeman incurs liability for a capital offence under the Favian Law against kidnapping; and the vendor also can be prosecuted under it if he sold the man being aware that he was free.

The Same, Rules, Book I. The expression “cedere diem” means to begin to owe a sum of money: “venire diem” means the day has come when the money can be collected. When anyone makes an absolute stipulation, the money begins to be due, and the day of payment arrives immediately. When he agrees to pay it at a certain time, the indebtedness begins at once, but the time of payment does not; when he agrees to pay it under a condition, the indebtedness is not incurred, nor is the sum payable, while the condition is pending. 1“Æs alienum” means what we owe to others: “æs suum” is what others owe us. 2Gross negligence is extreme negligence, that is to say, not to know what everybody else knows.

Ulpianus, Rules, Book II. Where an action for production is brought on account of the offences of slaves, torture may be employed for the purpose of making them reveal their accomplices.

Ulpianus, Rules, Book II. In all cases where persons are released from liability, the accessories are also released, for instance sureties, and property hypothecated or pledged; except where merger having taken place between the creditor and the sureties, the principal debtor is not released.

Ulpianus, Rules, Book II. If a release should be granted to someone who is not bound by words, but by the property, he will not, indeed, be freed from liability, but he can defend himself by an exception on the ground of bad faith, or on that of an informal agreement. 1The following difference exists between a release and a receipt: by a release, absolute discharge from liability takes place, even if the money has not been paid; but a receipt does not have this effect, unless the money has actually been paid.

Ulpianus, Rules, Book III. Where a minor is sued on a contract, and offers no defence, and, fqr this reason, his creditors obtain possession of his property, an amount should be deducted from it for his maintenance. 1As it is permitted to defend a debtor before his creditors have obtained possession of his property, this can also be done after possession of it has been obtained; and, whether he himself undertakes his defence, or someone else does so for him, security must be given that the decision of the court will be complied with, and possession relinquished.

Ulpianus, Rules, Book IV. Where a slave is ordered to be free by the terms of a will, he will obtain his freedom as soon as any portion of the estate whatsoever is accepted; provided it is accepted by one belonging to the degree in which the slave is ordered to be free, and that he has been unconditionally manumitted.

Ulpianus, Rules, Book IV. If a female slave who is to be free conditionally has a child, it will be the slave of the heir.

Ulpianus, Rules, Book IV. Where a slave owned in common is possessed by one of the joint-owners in the name of all, he is understood to be possessed by all. 1Ad Dig. 41,2,42,1Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 155, Noten 6, 9.Where an agent purchases property by the direction of his principal, he immediately acquires possession of it for him. This is not true if he purchases it on his own responsibility, unless his principal ratifies the sale.

Ulpianus, Rules, Book V. Necessary expenses are those through which the dowry is diminished, as, for instance, those incurred for the building of dikes, the diversion of streams, the supporting and repairing of old houses, and the replacing of trees where others have died. 1Useful expenses are, for example, such as placing cattle in fields for the purpose of manuring them. 2Expenses incurred for pleasure are, for instance, the construction of baths.

Ulpianus, Rules, Book V. The husband is entitled to an action for recovery as well as the personal action against his wife on the ground of property wrongfully appropriated by her, whether it belongs to him or is included in the dowry; and it is in his power to make use of whichever action he chooses.

The Same, Rules, Book VI. It is held that a son is specifically disinherited in the following words, “Let my son be disinherited”, even if his name is not expressly stated, where the testator has only one son; for where he has several, the opinion is entertained by most authorities, in accordance with the more beneficent interpretation, that none of the sons will be disinherited.

Ulpianus, Rules, Book VI. For the reason that a tacit substitution seems to be included in the appointment.

Ulpianus, Rules, Book VI. If, during my lifetime, I should sell my slave, whom I had appointed my heir with the grant of his freedom, to a party who did not have testamentary capacity, and afterwards I should redeem said slave, he can be my heir under the will; nor will the intermediate time during which he was in the hands of another master annul the appointment, because it is certain that he has been mine at both times, namely that of the execution of the will, and that of death. Wherefore, if he had remained in the hands of his other master, the appointment would become void; or if he had been transferred to someone who had testamentary capacity, he would acquire my estate for the latter through entering upon it by his direction. 1If the condition upon which the appointment of an heir was dependent stated that some act was not to be performed, and it was impossible, the person designated will be the heir in accordance with the opinion of all authorities, just as if he had been unconditionally appointed. 2An estate is generally divided into twelve parts, which are included in the appellation as. These parts all have their own names from the uncia to the as, for example, the following: “The sixth, the fourth, the third, five-twelfths, half, seven-twelfths, two-thirds, three-fourths, five-sixths, eleven-twelfths, the as.”

Ulpianus, Rules, Book VI. If an illegitimate child should die intestate, his property will belong to no one by the right of consanguinity or cognation; because the rights of consanguinity, as well as those of cognation, are derived from the father. However, on the ground of being next of kin, his mother, or his brother by the same mother, can demand prætorian possession of his estate under the terms of the Edict.

Ulpianus, Rules, Book VII. The usufruct of only a portion of an estate can be bequeathed, and if it is not expressly stated what portion, half the estate is understood to be meant.