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65. Therefore, an emancipated son of the patron who has been handed over, though he might not demand praetorian possession of his father’s property, in opposition to the provisions of the need, is still preferred to international heirs, up to now as the estates of Latins are concerned. 57. Hence it occurs that the title to the property of Latins beneath the Lex Junia, and that to the estates of freedmen who’re Roman residents, differ greatly. 73. And for the reason that the impact of this Constitution seems to be that males of this form never die as Roman residents, despite the fact that they might subsequently have acquired the right of Roman citizenship under the Lex Aelia Sentia or the Decree of the Senate. For the Divine Trajan decided in a case of this kind that if a Latin obtained the precise of Roman citizenship from the Emperor with out the information or consent of his patron, the mentioned freedman resembles different Roman residents, and may beget lawful youngsters; however he will die a Latin, and his kids cannot grow to be his heirs, and in addition that he can only make a will in such a manner as to appoint his patron his heir, and substitute one other for him if he should refuse to just accept the estate.

This type of property we transfer both by counting, measuring or weighing it with the understanding that it shall belong to him who receives it, and that, at some time or other, not the same article, but one other of the same nature, shall be returned to us, and therefore an obligation of this sort is known as mutuum, as a result of what was given to you by me, from being mine becomes yours. 64. Certain authorities hold that, below this Decree of the Senate, the same rule applies to the estates of Latins as to those of freedmen, who are Roman residents; and this was the opinion of Pegasus. 67. Again, the estates of Latins will, however, belong to kids who have refused to accept the property of their father, for in addition they cannot, by any means, be said to have been disinherited, any more than these who have been handed over in silence in a will.

76. The estates of those who, if they had not committed some offence, would, after their manumission, have grow to be Latins, are granted to their patrons, just as if they had died Latins. 28. The same rule applies, as some authorities hold, to the agnate who, if the subsequent of kin should fail to simply accept the property, would, however, be entitled to it by law. It was held by Cassius that, in both instances, there was ground for the application of the Decree of the Senate, however most authorities reject his opinion, for the rationale that the Senate did not have in thoughts the kids of feminine patrons who belong to another family, and this is clear from the truth that it excludes akin to have been expressly disinherited; for it appears to have had in view these who are often disinherited by their mother or father if they are not appointed heirs.

47. But where a freedwoman who had four youngsters died testate, a daughter of the patron was entitled to an equal share with every little one; this rule was not, as some authorities hold, established on account of the youngsters, but the phrases of the Lex Papia state that she is entitled to an equal portion, even if the freedwoman ought to die intestate. 89. And first, allow us to look at those which come up from contracts, of which there are four different kinds; for an obligation is contracted either by delivery of property, verbally, by writing, or by consent. 82. There are successions of different kinds which were not established by the Law of the Twelve Tables or by the Edict of the Praetor, however have been adopted by widespread consent. 107. A ward can transact all kinds of enterprise, offered, nevertheless, that, because the authority of his guardian is critical it be granted, just as if he himself was certain; for he can render one other liable to himself even without the authority of his guardian.