[PAULUS libro tertio ad edictum. ] §2.14.4.prItem quia conuentiones etiam tacite ualent, placet in urbanis habitationibus locandis inuecta illata pignori esse locatori, etiamsi nihil nominatim conuenerit.
[PAULUS, On the Edict, book 3] Likewise, since agreements are valid even tacitly, it is held that in letting urban dwellings, things brought in and carried in are pledged to the landlord, even if nothing was specifically agreed.
§2.14.4.1Secundum haec et mutus pacisci potest.
According to this, even a mute person can make an agreement.
§2.14.4.2Huius rei argumentum etiam stipulatio dotis causa facta est: nam ante nuptias male petitur, quasi si hoc expressum fuisset, et nuptiis non secutis ipso iure euanescit stipulatio.
A proof of this matter is also the stipulation made for the sake of a dowry: for before the marriage it is wrongly demanded, as if this had been expressly stated, and if the marriage does not follow, the stipulation vanishes by operation of law.
idem Iuliano placet.
Julian is of the same opinion.
§2.14.4.3Ex facto etiam consultus, cum conuenisset, ut donec usurae soluerentur sors non peteretur, et stipulatio pure concepta fuisset, condicionem inesse stipulationi, atque si hoc expressum fuisset.
Also, having been consulted on an actual case, where it had been agreed that the principal should not be demanded so long as interest was being paid, and the stipulation had been formulated unconditionally, he answered that a condition was inherent in the stipulation, just as if this had been expressly stated.