By consent. The contracts which we said consist of a thing do not subsist unless the thing intervenes. For these, however, about which we are going to speak, consent alone suffices, from which it also arises. Although consent is of the nature of all contracts, yet by itself and alone it nowhere produces both an obligation and an action without other support, except in those which follow. In which there is no need for writing nor presence, and it is not even necessary that anything be given so that the obligation may take substance.
Concerning mandate or the contrary. 35.
If a slave has mandated that he be bought by a stranger. 36.
Concerning partnership. 37.
Concerning contracting purchase and sale. 38.
Which things can be sold, and which cannot.
Concerning inheritance and sold action. 39.
Which things cannot be sold, and who are forbidden to sell or trade. 40.
Which things should not be exported. 41. Namely, to the Barbarians.
Concerning Eunuchs. 42. Whom it is not permitted to sell or buy.
Concerning fathers who have sold their sons. 43. Due to excessive poverty; otherwise they cannot be sold.
Contrary and opposing matters.
Concerning rescinding a sale. 44. Against the will of one of the contracting parties, of which rescission many causes are enumerated here.
When it is permitted to depart from a purchase. 45. Namely, by the mutual will of the contracting parties.
If because of public payments, that is, tributes, a sale of a debtor's goods has been celebrated. 46. And it has been completed for less than a just price, in fraud of the creditors, the sale is rescinded, with the debt payment offered.
That a farm cannot be sold without a tax assessment or arrears. 47. Otherwise, if anyone sells a farm owing a tax, or under the condition that the burden of the tax does not follow the buyer, the sale being rescinded, the buyer will lose the price and the seller the farm, both being reduced to the treasury, as the most learned Cujas Jacques Cujas, a famous 16th-century French jurist noted from the Theodosian Code.
Concerning the risk and benefit of a sold thing. 48. Namely, to whom it pertains.
Concerning the actions of buying and selling. 49.
If anyone has bought for another, or for himself under another's name, or with other money. 50. Namely, for whom and what is acquired.

tur and an action will be given?
Concerning not alienating the things of others, and concerning prohibited alienation of things, or mortgage. 51.
Concerning the alienation of common things. 52.
Not revealing the alienation of one's own things to those managing another's property. 53.
Concerning agreements composed between buyer and seller. 54. Which usually provide the law for buyers. And they are either:

Express.
If a slave is sold to be exported. 55. That is, so that he is moved somewhere from the city or province where he is sold.
If a slave Latin: "mancipium" is sold in such a way that he is not to be prostituted. 56. And it is done against the seller's will, the seller can recall the slave; but if he has consented, the slave will obtain freedom.
If a slave has been alienated in such a way that he is to be manumitted, or the contrary. 57.

Tacit.
Concerning aedilitian relating to the market overseers actions. 58. There are two actions that fall to the buyer: the redhibitoria action to annul a sale, by which the buyer acts to rescind the sale because of a disease or hidden vice of the sold thing, which he did not know; or because a different thing was delivered than that which was stated and promised when it was sold. And the quanti minoris action for price reduction, by which the buyer seeks that the seller pay him for how much less the thing was worth when he bought it.

Concerning monopolies and the illicit meeting of merchants or of artisans and laborers (these are those who contract work to be done), as well as the illicit agreements of bath-keepers. 59.
Concerning fairs and trading. 60.
Concerning taxes Latin: "vectigalia" to be paid on account of goods, and confiscated items. 61. That is, goods for sale are to be confiscated, the declaration of which has not been made to the publican.
That new taxes cannot be instituted. 62. By the decree of a city without the authority of the Prince.
Concerning commerce. Commerce is the burden on merchants for the ability to exercise trade; port dues are a burden on goods, and on merchants. 63. Others read: to be paid by everyone, even by those who are of the house of the Emperor.
Concerning the exchange of things and prescribed words. 64. So called because it is given by agreement as it is prescribed.
Concerning location leasing and conduction hiring. 65.
Concerning emphyteutic long-term lease of land right. 66. Which is as it were a medium between purchase and location, and is a contract by which a house or land is deferred and given uncultivated to be farmed under a certain annual payment.

BOOK V.

Nuptials or matrimony, and concerning all agreements between husband and wife and the accessories of those agreements.
Concerning betrothals, and betrothal earnest money, and brokerage. 1. That is, concerning the method of the reward imposed on those who arrange nuptials.
If the rector of a province or those pertaining to him have given betrothal earnest money. 2.
Concerning donations before nuptials (formerly they were so called) or because of nuptials (which today are so called), and betrothal gifts, namely those which were given by the groom to the bride or the contrary. 3.
Concerning nuptials. 4.
Concerning incestuous and useless nuptials. 5.
Concerning the interdicted marriage between a female ward and her tutor or curator and their sons. 6.
If anyone endowed with power, or those pertaining to him, have attempted to assign nuptials to a subordinate or to a jurisdiction. 7. They are punished with the penalties comprehended in this title.
If nuptials are sought by the rescript of the Prince. 8. By those who otherwise have neither the consent of their parents nor the girl's, they will be punished with the loss of goods and the penalty of deportation.
Concerning second nuptials. 9. To which if a woman hastens within the year of mourning, she becomes infamous.
If a woman has married a second time, to whom a husband left a usufruct. 10. She will lose the usufruct which she will be compelled to restore to the children, and in things donated to her before nuptials she will obtain only the usufruct.
Concerning the promise of a dowry and naked promise. 11.
Concerning the right, that is, the obligation, nature, cause, and condition of dowries. 12. Which is competent to the husband for claiming, retaining, and enjoying the dowry itself.
Concerning the action rei uxoriae concerning the wife's property, so it was called among the ancients, for the action ex stipulatu from the stipulation, which alone today the wife or her father uses for repeating and receiving the dowry, transferred and prescribed concerning the nature of dowries. 13. The goods of the husband are tacitly bound to the dowry. And he ought to be condemned to restore it as much as he is able, which action passes to the heirs of the wife. Concerning which matter he is going to say certain things below in title 18.
Exceptions competent to the husband for not returning the dowry in full.
Concerning agreements as much over the dowry as over the donation before nuptials, and paraphernalia property of the wife outside the dowry. 14. Paraphernalia are those which are carried from the wife to the husband beyond the cause of the dowry.
Concerning a dowry cautioned, which, namely, the husband confessed was counted to him, though it was not counted. 15.
Concerning donations between husband and wife, prohibited from being made while the marriage stands, and made by parents to children (namely, those in power), and concerning the ratification 16. of those donations made in a will, which will then begin to be valid.
Concerning repudiations and the judgment concerning morals abolished. 17. By which, namely, it was formerly said concerning the morals of him who had given cause for divorce.
With the marriage dissolved, in what manner the dowry is sought. 18. Above he had begun to treat of dowries, the explanation of which he pursues here.
If the dowry was returned while the marriage stood, that is, refunded to the wife by the husband without a legitimate cause. 19. The refund will not be valid; indeed, the husband will repeat it with the fruits.
That guarantors or mandators of dowries, who, namely, guarantee the dowry is to be well preserved by the husband, are not to be given. 20.
Concerning things removed. 21. After divorce, to a wife seeking the dowry, the husband can object that certain things were removed by her, for which name he will seek their compensation.
That the husband's goods are not to be adjudged to the woman for the dowry. 22.
Concerning an estimated farm, namely, a dowry one. 23. If a farm estimated for a dowry is given to the husband, the wife will choose either the farm or its estimation.
With divorce made, with whom the children ought to stay or be educated. 24.
Concerning feeding children and parents. 25. As often as one of them lives in extreme poverty, but the other is rich.
Concerning concubines. 26.
Concerning natural children and their mothers, and from what causes they are made legitimate. 27.
From quasi-contracts: Since we have previously spoken concerning public law and the preparatory aspects of private civil law and the actions that are exercised in private judgments, that these actions are also either vindications or claims, and these likewise are gathered from contracts: there remains the other species of quasi-contracts to be explained, from which claims also are competent. But because the interrupted order of materials appears in frequent places (so that the reader may be more conveniently consulted), this species of quasi-contracts having been omitted, in these following chapters we have thus distinguished the future questions of the following books.
Concerning the mutual businesses conducted by tutors, curators, and wards, with their accessories.
Concerning testamentary guardianship. 28.
Concerning confirming a tutor. 29. By testament indeed.