[IDEM libro uicensimo nono ad edictum. ] §14.6.3.prSi quis patrem familias esse credidit non uana simplicitate deceptus nec iuris ignorantia, sed quia publice pater familias plerisque uidebatur, sic agebat, sic contrahebat, sic muneribus fungebatur, cessabit senatus consultum.
[The same, On the Edict, Book 29] If anyone believed that a person was a pater familias, being deceived neither by groundless simplicity nor by ignorance of law, but because he publicly appeared to most people to be a pater familias—so acting, so contracting, and so performing public offices—the senatus consultum will not apply.
§14.6.3.1Unde Iulianus libro duodecimo in eo, qui uectigalia conducta habebat, scribit (et est saepe constitutum) cessare senatus consultum.
Hence Julian writes in his twelfth book that in the case of one who had farmed the public taxes (and this has often been established), the senatus consultum does not apply.
§14.6.3.2Proinde et in eo, qui scire non potuit, an filius familias sit, Iulianus libro duodecimo cessare senatus consultum ait, ut puta in pupillo uel minore uiginti quinque annis.
Accordingly, also in the case of one who could not know whether the other was a filius familias, Julian says in his twelfth book that the senatus consultum does not apply, as, for example, in the case of a ward or a minor under twenty-five years.
sed in minore, causa cognita et a praetore succurrendum: in pupillo autem etiam alia ratione debuit dicere cessare senatus consultum, quod mutua pecunia non fit, quam sine tutoris auctoritate pupillus dat, quemadmodum ipse dicit Iulianus libro duodecimo, si filius familias crediderit, cessare senatus consultum, quod mutua pecunia non fit, quamuis liberam peculii administrationem habuit: non enim perdere ei peculium pater concedit, cum peculii administrationem permittit: et ideo uindicationem nummorum patri superesse ait.
But in the case of a minor, relief should be granted by the praetor after investigation of the case; whereas in the case of a ward, he ought to have said that the senatus consultum does not apply also for another reason: namely, that money which a ward gives without his tutor's authority does not become a loan. Just as Julian himself says in his twelfth book, if a filius familias has lent, the senatus consultum does not apply, because it does not become a loan, even though he had free administration of his peculium; for a father does not permit him to lose the peculium when he allows the administration of the peculium, and therefore, he says, the action for the recovery of the coins remains to the father.
§14.6.3.3Is autem solus senatus consultum offendit, qui mutuam pecuniam filio familias dedit, non qui alias contraxit, puta uendidit locauit uel alio modo contraxit: nam pecuniae datio perniciosa parentibus eorum uisa est.
Moreover, only he violates the senatus consultum who has given money as a loan to a filius familias, not he who has contracted otherwise, for example, has sold, leased, or contracted in another manner; for the giving of money was seen as ruinous to their parents.
et ideo etsi in creditum abii filio familias uel ex causa emptionis uel ex alio contractu, in quo pecuniam non numeraui, etsi stipulatus sim: licet coeperit esse mutua pecunia, tamen quia pecuniae numeratio non concurrit, cessat senatus consultum.
And therefore, even if I have become a creditor of a filius familias either on account of a sale or from some other contract in which I did not count out money, even if I have made a stipulation: although it has begun to be a loan of money, nevertheless, because the counting out of money does not concur, the senatus consultum does not apply.
quod ita demum erit dicendum, si non fraus senatus consulto sit cogitata, ut qui credere non potuit magis ei uenderet, ut ille rei pretium haberet in mutui uicem.
This, however, is only to be said if no fraud against the senatus consultum was intended, as where one who could not lend sold something to him instead, so that the other might have the price of the thing in place of a loan.
§14.6.3.4Si a filio familias stipulatus sim et patri familias facto crediderim, siue capite deminutus sit siue morte patris uel alias sui iuris sine capitis deminutione fuerit effectus, debet dici cessare senatus consultum, quia mutua iam patri familias data est:
If I have made a stipulation with a filius familias and then have given credit to him after he has become a pater familias, whether he has suffered a capitis deminutio or has been made sui iuris without capitis deminutio by the death of his father or otherwise, it must be said that the senatus consultum does not apply, because the loan has now been given to a pater familias.