A decorative headpiece features two putti flanking a central lyre, surrounded by scrolling acanthus leaves.

AFRICANUS, BOOK

NINE OF QUESTIONS.

A decorative drop cap 'F' features floral and scrollwork patterns.A brother, when they were both in the same paternal power, borrowed money, and after the death of the father, paid it to him. The question was asked, whether he could recover it. He replied: indeed he could recover it for that portion for which he himself had become the heir to the father; but for that portion for which the brother had become the heir, he would recover it only if no less had come to the brother from his own peculium a sum of money or property managed by a son under paternal power. For the natural obligation that had existed is considered to be lifted by this very fact, that the brother has obtained a part of the peculium. So much so that if a pre-legacy had been made to the son who was also the debtor, the deduction of this debt from the brother would be made from it. And that this is most consistent with the opinion that Julian approved: if he had owed something to an outsider, and it had been exacted from him after the death of the father, he would have recovered from his co-heirs as much in the action of the division of the family inheritance as the creditor could have obtained from them by the action regarding the peculium. Therefore, if, while the matter is intact, the action for the division of the family inheritance is brought, it is fair that the peculium be divided so that he may be rendered indemnified by his co-heir according to its quantity. Furthermore, he who ought to be defended against an outsider should be far more rendered indemnified in that which he owed his brother.