[CELSUS libro primo digestorum. ] §22.3.9.prSi pactum factum sit, in quo heredis mentio non fiat, quaeritur, an id actum sit, ut ipsius dumtaxat persona eo statueretur.
[CELSUS, in the first book of the Digests.] If an agreement is made in which no mention of the heir is made, the question arises whether it was intended that only the person of the contracting party himself should be determined by it.
Sed quamuis uerum est, quod qui excipit probare debeat quod excipitur, attamen de ipso dumtaxat ac non de herede eius quoque conuenisse petitor, non qui excipit probare debet, quia plerumque tam heredibus nostris quam nobismet ipsis cauemus.
But although it is true that he who raises an objection must prove the matter of the objection, nevertheless, it is the plaintiff, and not he who raises the objection, who must prove that the agreement applied only to the party himself and not to his heir as well, because we generally make provision as much for our heirs as for ourselves.