Regularum libri
Ex libro singulari
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.