... Quaestiones controversas ex iure decerptas

VII.

A woman is not preferred over creditors who have an express and stipulated prior mortgage on the goods of her husband, according to the text in Law 'ubi adhuc', Code, 'de jure dot.', there: 'but in such a way...' 2. Because a woman and the fisc are equated in matters of mortgages, Law 2, Code, 'de privil. fisci'; Law 'dotis' 9, Code, 'de jur. dot.' But the fisc is not preferred over such creditors, Law 'si pignus' 8, Digest, 'qui pot. in pign.'; Law 'si fundum', Code, 'eod.' Therefore.

IIX.

A debtor can pay a debt before the appointed day, even if the creditor is unwilling, according to the text in Law 'stipulatio ista' 38, paragraph 'inter' 16, Digest, 'de Verbor. Oblig.'; Law 'continuus' 157, paragraph 'cum ita', Digest, 'eod.'; Law 12, Code, 'de fideicom.' For the entire intermediate time is understood to be left free for the promisor to make payment, Law 'quod certa die' 70, Digest, 'de solut.' Therefore, if the addition of a day is for the benefit of the debtor, and the day was added for his sake, it will be lawful for the debtor to disregard the added day, because we all have the liberty to disregard those things which have been added for our own benefit, Law 'pen.' [penultimate], Code, 'de pact.'

IX.

A judge, when adjudicating, in a doubtful case [must follow] equity