... Quaestiones controversas ex iure decerptas

A father whose son possesses a peculium castrense a special category of property acquired by a son in military service, which he may own independently of his father may be called as a witness to the son's will, according to the text in Law 20, section "on the contrary" 2, of the Digest, title "Who can make a will." The reason parents are generally prohibited from being witnesses to their children's wills is due to the bond of patria potestas paternal power, as stated in the Institutes, title "On the ordering of wills," section "On witnesses." This does not apply to the military peculium, since a filiusfamilias a son still under the legal authority of his father represents the role and person of a patrisfamilias head of a household in this regard, according to the Digest, title "On the Macedonian Senate Consult," law 2. I understand this to be the case if the son makes a will while on a military expedition. For if he wishes to make a will after his discharge, he is compelled to do so by common law, as noted in the aforementioned section "On witnesses," where the testimony of a parent in the cases and business of children is invalid, as seen in the Digest, title "On witnesses," law "A suitable witness," and the Code, title "On the same," law "Parents."

A mandatarius an agent acting under a contract of mandate is held liable even for the slightest negligence, according to the text in the Code, title "On mandate," law 13, where the exclusion of casus fortuitus accidental, unavoidable events sufficiently implies the inclusion of even the slightest negligence. See also the Digest, title "On the same," law 5, where the jurist Paul states that the limits of a mandate must be carefully guarded, for he who exceeds them appears to be doing something else, and if he does not fulfill what he has undertaken, he is held liable.