[ULPIANUS libro uicensimo nono ad edictum. ] §14.6.9.prSed si pater familias factus rem pignori dederit, dicendum erit senatus consulti exceptionem ei denegandam usque ad pignoris quantitatem.
[ULPIANUS, On the Edict, Book 29] But if, having become a paterfamilias, he has given property in pledge, it must be said that the exception of the senate decree is to be denied to him up to the value of the pledge.
§14.6.9.1Si ab alio donatam sibi pecuniam filius creditori soluerit, an pater uindicare uel repetere possit? et ait Iulianus, si quidem hac condicione ei donata sit pecunia, ut creditori soluat, uideri a donatore profectam protinus ad creditorem et fieri nummos accipientis: si uero simpliciter ei donauit, alienationem eorum filium non habuisse et ideo, si soluerit, condictionem patri ex omni euentu competere.
If a son has paid to a creditor money donated to him by another, can the father vindicate or recover it? And Julian says: if indeed the money was donated to him on this condition, that he should pay it to the creditor, it is deemed to have proceeded from the donor directly to the creditor and to become the coins of the recipient; but if he donated it to him simply, the son did not have the power of alienating them, and therefore, if he has paid them, a condictio is in any event available to the father.
§14.6.9.2Hoc senatus consultum et ad filias quoque familiarum pertinet nec ad rem pertinet, si adfirmetur ornamenta ex ea pecunia comparasse: nam et ei quoque qui filio familias credidit decreto amplissimi ordinis actio denegatur nec interest, consumpti sint nummi an exstent in peculio.
This decree of the senate also applies to daughters of families, nor does it matter if it is asserted that she purchased ornaments with that money; for an action is denied by the decree of the most illustrious order even to him who lent to a son of a family, nor does it matter whether the coins have been consumed or exist in the peculium.
multo igitur magis seueritate senatus consulti eius contractus improbabitur, qui filiae familias mutuum dedit.
Therefore, the contract of him who gave a loan to a daughter of a family will be disapproved much more by the severity of the senate decree.
§14.6.9.3Non solum filio familias et patri eius succurritur, uerum fideiussori quoque et mandatori eius, qui et ipsi mandati habent regressum, nisi forte donandi animo intercesserunt: tunc enim, cum nullum regressum habeant, senatus consultum locum non habebit.
Help is given not only to the son of a family and his father, but also to his surety and mandator, who themselves also have a recourse of mandate, unless by chance they intervened with the intent of donating; for then, since they have no recourse, the senate decree will have no place.
sed et si non donandi animo, patris tamen uoluntate intercesserunt, totus contractus a patre uidebitur comprobatus.
But even if they intervened not with the intent of donating, but nevertheless with the consent of the father, the whole contract will be deemed to have been approved by the father.
§14.6.9.4Et hi tamen, qui pro filio familias sine uoluntate patris eius intercesserunt, soluendo non repetent: hoc enim et diuus Hadrianus constituit et potest dici non repetituros.
And yet these, who intervened for a son of a family without the consent of his father, will not recover what they pay; for the deified Hadrian also decreed this, and it can be said that they will not recover.
atquin perpetua exceptione tuti sunt sed et ipse filius, et tamen non repetit, quia hi demum solutum non repetunt, qui ob poenam creditorum actione liberantur, non quoniam exonerare eos lex uoluit.
And yet they are protected by a perpetual exception, but so is the son himself, and yet he does not recover, because only those do not recover what has been paid who are freed from the action for the punishment of the creditors, not because the law wished to exonerate them.
Quamquam autem soluendo non repetunt,
Although, however, they do not recover what they pay,