De pactis theses

as much between those absent by messenger and letter, as between those present by any words whatsoever. In this, a pact differs from a stipulation, which requires a question and a congruent answer.

XXV.

But also, a pact is rightly contracted in the present, or for a day, or from a day, or under a condition.

XXVI.

The end of a pact is a donation. In this, it differs from a transaction.

XXVII.

The effect of pacts is to produce an exception, but not an action.

XXVIII.

There are, however, cases in which a pact produces an action. Although even then the action is given not from the pact, but from that which assists the pact. For firstly, a pact which is confirmed by the laws generates an action: as in donation, the convention of a pledge, appointed money, and similar things.

XXIX.

Secondly, if the pact is fortified by the tradition of the thing: as happens in innominate contracts.

XXX.

Thirdly, if a pact is added to contracts of good faith immediately and at the inception of the contract: it is otherwise if it is added after an interval. Indeed, pacts that change the substance of a contract, even if added after an interval, produce both an action and an exception.

XXXI.

But what of contracts of strict law? I think that, generally, pacts added to these contracts immediately do not generate an action, unless they are inherent in the nature of the matter, or when they are included by a stipulation.