De transactionibus axiomata

XL.
However, it is permitted to settle and make a compact regarding private delicts, even if by that agreement only a pecuniary penalty is avoided, and not infamy.

XLI.
Clearly, if a criminal trial is instituted regarding a private delict according to what is written in the final law of the Digest regarding private delicts and the final law regarding theft, it is more likely that the settlement is invalid.

XLII.
Finally, by common law, a settlement made regarding the inheritance of a living person is invalid, as it is considered contrary to the authority of the laws and good morals.

XLIII.
The form of a settlement consists in this: that it be made either purely, or under a condition and manner, and sometimes with a penalty added, or by oath, or by a clause stating the compact remains fixed, whether in court or out of court, by writing or without writing, by a naked pact or by an Aquilian stipulation a formal way to discharge obligations, the suit is remitted, and for the remission of the suit something at least is provided by the defendant. If the defendant gives everything that is sought, it is a payment solutio fulfillment of debt; again, if the plaintiff receives nothing, it is a donation donatio gift; both are alien to a settlement.

XLIIII.
All settlements are invented for this end, that an end may be imposed on lawsuits. Hence the Emperors have written that lawsuits or causes finished by legitimate settlements should not be revived even by an Imperial rescript.

XLV.
Indeed, it has been correctly decided that a settlement has no less authority in most cases than a matter judged res iudicata a final judicial decision. Since nothing so much accords with human faith as that which has been agreed upon be kept.