DN. sacratissimi principis Justiniani PP. A. Juris enucleati ex omni vetere jure collecti Digestorum seu Pandectarum libri quinquaginta

sold to another, but not [an action] of purchase: even if in it mention is made of the price, it is not [an action] of hire: even if he seems to have hired the thing to be sold, it is not [an action] of mandate: for these actions, in the absence of [specific] words, one must descend to what is called an action on the facts præscriptis verbis actions based on the facts of the case, when the nature of the business is so ambiguous that I do not know to which species of contract it should be referred.
On the exchange of things 4. 1. 21.
On prescribed words, that is, the action, and on actions based on the facts 5. 1. 28. It is a civil action based on the facts derived from innominate contracts, and one must come to this when it is clear what the act is, but it cannot be reduced to the order of nominated contracts because there are more things than names.

THE FOURTH [PART], in which it is treated of the accessories of contracts and actions from the cause of marriage and guardianship. L I B. X X. On the accessories of contracts which pertain to their security. On pledges and mortgages, how they are contracted, and on the agreement concerning them 1. 1. 35. In which causes a pledge or mortgage is tacitly contracted 2. 1. 10. The goods of one who promises a dowry [are tacitly bound] to the husband: the goods of the husband [are bound] to the wife for the restitution of that dowry, and the fruits of the tenant to the landlord, and those things brought in [to a house] with his knowledge are tacitly bound. Which things cannot be bound by pledge or mortgage 3. 1. 5. sacred things, etc. Who are considered preferred in a pledge or mortgage, and on those who succeed into the place of prior creditors 4. 1. 22. On the sale of pledges or mortgages 5. 1. 14. By which ways a pledge or mortgage is dissolved 6. 1. 15. L I B. X X I. The completion, or [the rules] that fulfill the contracts of good faith themselves. On the Edilitian edict, by which we rescind the sale in its entirety, the thing being returned to the seller and the price received, and on the reduction of price redhibitio returning the goods, or the estimation action aestimatoria action for a lower price due to defects, which reduces the sale in part, the price being returned to the buyer, in that case where, had he known of the defect of the thing, he would have remitted [part of the price] 1. 1. 65. On evictions. The seller is bound to provide the buyer against eviction, and [by] the double stipulation, which it was once the custom to stipulate, in that case where the thing would be evicted 2. 1. 76. On the exception of a thing sold and delivered 3. 1. 3. to be opposed to the seller, that is, or his heirs, evicting the sold thing. L I B. X X I I. On interest, fruits, causes, and all accessories and delay 1. 1. 49. 1. on maritime interest. On nautical interest fœnus nauticum maritime interest 2. 1. 9. i.e., maritime interest. On proof, without which the examination of contracts would be useless. On proofs and presumptions 3. 1. 30. On the faith of instruments and their accession 4. 1. 6. Instruments are named from instructing instruendo, by which one is instructed by documents. On witnesses 5. 1. 25. On ignorance of law and fact 6. 1. 10. which relieves from the burden of proving until the contrary is proved.

L I B. X X I I I. Actions between husband and wife with all their antecedents and consequents. On betrothals 1. 1. 18. On the rite of marriage 2. 1. 68. On the law of dowries 3. 1. 88. On marriage agreements 4. 1. 32. On dotal land 5. 1. 18. L I B. X X I V. On donations between husband and wife 1. 1. 68. forbidden while the marriage is continuing. On divorces and repudiations 2. 1. 11. This title makes the end of the Old Digest. When the marriage is dissolved, how the dowry is sought 3. 1. 68. The causes for reputation in a trial, or the action to be made regarding the dowry by the husband, are the expenses made on dotal things which diminish the action for the dowry. L I B. X X V. On expenses made on dotal things 1. 1. 16. On the action for removed things 2. 1. 30. [that is, of those things which were hidden, concealed, carried away, consumed by evil intent, and interverted with the thought of divorce, by which the husband would seek back the dowry against the wife for those causes, he uses it]. On children, specifically those born after the divorce is made, to be acknowledged by the parents, and that is from the Plautian decree of the Senate, or by patrons [of] children, to be fed whenever they labor in poverty 3. 1. 9. On inspecting the womb and guarding the birth 4. 1. 4. If, in the name of the womb (he calls the womb him who has not yet been born, the woman having been put into possession by the Praetor, the same possession being said to have been transferred to another by evil intent) 5. 1. 2. If a woman, in the name of the womb, is in possession for the sake of calumny, as if, knowing and prudent, she is not pregnant, or [says] she is, but by another 6. 1. 2. On concubines 7. 1. 5. Concubinage imitates marriage and a legitimate wife: for it is a legitimate union and is also called a vice-marriage, children taken from it are not illegitimate but natural: but a father becomes [a father] by cohabitation and concubinage naturally, by marriage and adoption legally, by fornication in no way. L I B. X X V I. Actions between pupil, tutor, and curator with their antecedents and consequents. Definition. On guardianships 1. 1. 18. Species. On testamentary guardianship 2. 1. 34. On confirming a tutor or curator, who, namely, was given either to a stranger or by a natural father or by a mother, or by codicils not confirmed by will 3. 1. 11. On legitimate tutors 4. 1. 11. for whom there is a place when testamentary ones are lacking, and they are tutors by the law itself. On tutors and curators given by those who have the right of giving, who are called honorary tutors because they are given by magistrates, and who in which causes can be specifically given 5. 1. 27. Who should seek tutors and curators from the magistrate, and where they should be sought 6. 1. 7. Administration and its effect, and who is removed from it or can excuse themselves. On the administration and risk of tutors or curators who have managed or not, and on agents or those to be sued, one or many 7. 1. 62. On the authority and consent of tutors and curators 8. 1. 22. i.e., by interposing [it] in those things which are done by the pupil. When, from the act of a tutor or curator, minors can sue or be sued 9. 1. 8. On suspected tutors and curators 10. 1. 12. L I B. X X V I I. On the excuses of tutors, and the times of those excuses, namely 1. 1. 49. Where a pupil should be educated or reside, and on the sustenance to be provided to him 2. 1. 6. Actions available in the name of guardianship and against whom they are given. On the action of guardianship, namely, and on the settling of accounts, i.e., on accusing the fault or fraud of a tutor who took the pupil’s property and did not return it in the accounts, and on the useful action for the sake of curation 3. 1. 21. which action is available to pupils and is called the direct [action] of guardianship. On the contrary [action] of guardianship and the useful action 4. 1. 6. which is available to tutors and curators. On him who managed business for a tutor or for a curator 5. 1. 5. That which is said to have been done with a false tutor as author, by the pupil, namely 6. 1. 5. This action is available to him who contracted with the pupil, or [with] him who was a false tutor. On sureties and nominators, i.e., praisers and affirmers, and the heirs of tutors or curators to be sued by the pupil, namely 7. 1. 18. On magistrates to be sued by the pupil and their heirs 8. 1. 9. On the things of those who are under guardianship and care, not to be alienated or subjected without a decree 9. 1. 4. A sale and obligation of this kind is null by law, from which cause an action is available to the pupil against the buyers of those things or those acquiring the right of pledge in them. Related matters. On curators to be given to a madman and others outside of minors 10. 1. 17.