Concerning religious things and funeral expenses. 43.
Concerning the game of dice. 44. Some read "concerning gamblers," others both; others also join this title to the previous one; others propose it, others append it. This title seems to be placed in a location not its own. The use of dice, however, beyond one solidus, is not permitted here. The prescription of time for money lost from a game is 50 years. Blasphemies and perjuries committed regarding dice are forbidden.

BOOK IV.

Condictiones personal claims for debt, and their species, by which we act with him who is bound to us either from contract or crime, by which we also claim that the adversary owes us or ought to do something. Therefore, condictiones fall to us either from

• Contracts (concerning quasi-contracts, it will be said from Title 28 of the following book) from which various obligations are contracted. The force and nature of these contracts will be explained in this book and the following until the end of Title 27.
• In species: It consists, however,
  From a thing.
  They are said to be contracted by a thing, not because they lack consent, but because they are contracted principally by the thing, so that without the thing, not even by stipulation, does an obligation of this kind exist, nor can we be obligated for more than what we have received in reality.
  Concerning things lent, this part is rejected to the following title, concerning the Oath. 1. Concerning which it is treated here. Moreover, if anyone, having postulated the adversary, has sworn that the money which he seeks is owed to you, and it is not paid to him, such an action in fact will be most justly adapted to the likeness of a judged matter, or as useful, nor will the case rescinded by the oath be retracted under the pretext of perjury, unless this is specially excepted by law. The deferring of the oath, however, was invented due to the lack of proofs.
  If a certain thing is sought. 2. We call "a certain thing" here those things which consist of weight, number, and measure: for a loan of money consists of these things. And "loan" mutuum loan for consumption is called such because what is mine becomes yours, which is given so that it becomes the recipient's, and so that not the same things but others of the same nature and quality are returned to us.
  Concerning suffrage. 3. "Suffrage" here signifies the reward promised for intercession and patronage provided to someone, for the obtaining of which an action falls to him to whom it will have been promised against him who promised it.
  Concerning the forbidden sequestration of money. 4. Which the plaintiff seeks to be made by the debtor at that instant in which he first begins to demand money from him from some contract; for it is unjust that it be sought before the debtor is convicted. Sequestration, however, is the deposit of a litigious thing, so called because it is committed to those who contend, to one who occurs or as if following them, or because the litigants follow the faith of the one who is chosen.
  Concerning the claim for what is not owed. 5. He who accepts what is not owed from him who paid it by mistake, and he who would have accepted it following those who contend, against him the claim in personam against the person is given.
  Concerning the claim on account of things given. 6. We give on account of a cause which is past, or which is hoped for. In that case, the cause not having followed, that which was given is usually reclaimed.
  Concerning the claim on account of a disgraceful cause. 7.
  Concerning the claim for stolen goods. 8. By which thieves are held accountable for things stolen by them.
  Concerning the claim from law and without cause or from an unjust cause. 9. Without cause, my promissory note is with you if you have credited nothing, or if I have paid what you credited. From an unjust cause, that is with you which you hold from an unjust pact (such as on account of deceit and force). Here it must be said concerning commodatum loan for use, deposit, and pledge, contracts which are perfected by a thing; however, the treatment of these is rejected

to titles 23, 24, and 34 of this book.
In general,
Concerning obligations and actions. 10.
Objects of obligations, such as whether someone is obligated from the contract and act of another.
That actions begin both from heirs and against heirs. 11.
Who are not held.
That a wife may not be sued for her husband, or a husband for his wife, or a mother for her son. 12.
That a son may not be sued for his father, or a father for an emancipated son, or a freedman for his patron. 13.
Whether a slave is held from his own act after manumission. 14. This is asked because a slave after manumission is seen to be different from him who he was before liberty was attained, who therefore is not pleased to be held unless it is connected with that which he did after liberty.
Who are held.
When the fiscus or a private individual can or ought to sue the debtors of his debtor. 15. To wit, when the debtor, once condemned, is not solvent.
Concerning hereditary actions. 16. By which an heir is held for the deceased, as a successor to the entire right; whence, just as he ought to sustain all the utilities of the inheritance, so also its burdens and disadvantages.
From the delicts of the deceased, to what extent heirs are sued. 17. When the suit is joined or the deceased has been judged.
Concerning constituted money. 18. Concerning constituted money, an action is conducted with all who, either for themselves or for another, have constituted and promised that they would pay, without any stipulation interposed; for otherwise, if they promised to a stipulator, they are held by civil law.
Auxiliaries by which it is confirmed concerning an obligation.
Concerning proofs. 19.
Concerning witnesses. 20.
Concerning the faith of instruments and the loss of them—he who alleges a lost instrument is held to prove it—and concerning receipts original: "apochis". A receipt apocha receipt is that which is given to a debtor by a creditor, which we commonly call a discharge; it is a bond in which the creditor testifies that he has received the money from the debtor; and concerning the making of counter-receipts antapochis counter-receipts, a counter-receipt is given by a debtor to a creditor, by which the debtor confesses that he has paid the money to the creditor, and that is introduced lest the debtor be able to object to the previous annual payments which he owes; for he can, if he does that, be convicted by his own writing and his own counter-receipt; and concerning those things which can be done without writing. 21. For in many things, writing is required as if substantial; in others, not equally. From a contract in writing, however, unless the writing is complete, to wit, clean without vice and the accustomed form is observed, an action will not be given.
That what is done is of more value, the truth of the thing done, than what is simulatedly conceived. 22. That is, than the writing which can be simulated; therefore, he who has subscribed to an instrument which he did not read again, thinking that what he ordered was contained in it, or what was persuaded to him, brings no prejudice to himself. Now he returns to two other species of obligations which are perfected by a thing, which he had deferred from title 9 of this book to this place.
Concerning commodatum loan for use. 23. He to whom some thing is given to be used, that is, is lent, is obligated by the thing, and is held by the action of loan. In a loan, the thing is not given so that it becomes the recipient's, and for that reason he who receives the thing is held for the return of the thing itself, unless if...