Responsorum libri
Ex libro I
Ulpianus, Opinions, in Answer to Maximin, Book I. Where persons form a partnership of their entire property, that is to say of whatever property either one may subsequently acquire, an estate which falls to either of them must be placed in the common fund. He also stated to Maximin that, where persons form a partnership of their entire property in such a way that whatever is expended or gained shall be to the common profit or expense; any sums which may be expended for the children of either must be charged to both.
The Same, Opinions, Book XII. Where a party, having been interrogated in court, answers that he is a guardian, he will not be liable to any action for making this statement. Where, however, he was not a guardian, and the minor was in any way defrauded through his answer, an equitable action should be granted against him.
Ulpianus, Opinions, Book I. Ulpianus stated to Julianus that the testator, by adding, “The entire Seian Estate,” was understood to have left also that portion of the above-mentioned land which seemed to be appurtenant to it by the terms of the trust, and which he had obtained by way of pledge; the right of the debtor to the same being reserved. 1The execution of a trust cannot be demanded under the following words: “Be sure to take good care of my fields, and the result will be that my son will give you your children.” 2Where slaves held in common with another are bequeathed by Seia, under the condition, “If they should be mine when I die,” they will not be due; provided the testatrix intended that they should be due if they were entirely hers at that time. 3Where certain tracts of land are left, together with the stores situated thereon, the slaves who belonged to said lands when the will was made will be included in the legacy, as well as those who were subsequently attached to it; provided the testator plainly showed that this was his intention.
Ulpianus, Opinions, Book I. The intention of the contracting parties must be determined from the following words, “What we have promised to furnish you, as stipulator,” for if both of them have become joint-promisors, and one is absent, he will not be bound, but the one who is present will be liable for the entire amount; or if they are not joint-promisors, he only will be liable for his share.
Ulpianus, Opinions, Book I. It was held by Callippus that although a husband had promised his wife, who was the stipulator, that in case the marriage should be dissolved, the land which was hypothecated for the dowry should be given in payment, still it would be sufficient to tender the amount of the dowry. 1The same authority stated to Fronto, that if a guardian continued to administer the affairs of the guardianship, although he had been accused of a capital crime, payment could be made to him of what was actually due to his ward.
Ulpianus, Opinions, Book I. Answers Valerianus. If the Prætor, who previously had ordered security furnished for three years afterwards, should direct it to be given for a longer time, because he desired that the first stipulation should be abandoned, he is considered to have granted an exception to those who were bound by the first stipulation.