De transactionibus axiomata

XLVI.
Transactions interposed in good faith are held fixed like matters judged, to such an extent that the laws do not allow them to be rescinded even under the pretext of instruments discovered later.

XLVII.
However, by Civil Law, a simple and naked settlement does not, except in certain cases, remove an action by its own right.

XLVIII.
Nor does it produce any action under that law.

XLIX.
But if the defendant is convened by a prior action against the faith of the agreements, he must be defended by the exception of settlement, provided he himself is prepared to observe the settlement: otherwise, he will be pushed aside by the replication of bad faith.

L.
But if the settlement has been strengthened by an Aquilian stipulation and an acceptilation a formal release from debt, then the old action is clearly destroyed, and the defendant is liberated by the law itself.

LI.
But if a penal stipulation has been subjected to the settlement, and the plaintiff has moved a lawsuit against the defendant against the faith of the convention, he will either be pushed aside by the exception of settlement, or he will be convened by an action from the stipulation in the name of the penalty.

LII.
And it is in the discretion of the defendant which path he wishes to use.

LIII.
However, he should be content with one or the other: for it is not fair that he should draw profit equally from the pact and the stipulation.

LIIII.
Clearly, if it has been acted upon so that while the pact remains fixed the penalty is demanded, then the penalty, which is incurred by the law itself, can be sought, and the Exception of settlement will nevertheless have a place.