[ULPIANUS libro trigesimo secundo ad Sabinum. ] §24.1.13.prsed si mors sit insecuta, non uideri factas res mulieris, quia donatio in alium casum facta est.
[ULPIANUS libro trigesimo secundo ad Sabinum.] But if death has ensued, the things are not considered to have become the property of the wife, because the donation was made for another event.
§24.1.13.1Proinde et si mortis causa uxori donauerit et deportationem passus est, an donatio ualeat, uideamus.
Accordingly, even if he made a donation to his wife mortis causa and has suffered deportation, let us see whether the donation is valid.
et alias placet in casum deportationis donationem factam ualere, quemadmodum in causam diuortii.
And on other occasions it is accepted that a donation made for the event of deportation is valid, just as for the event of divorce.
cum igitur deportatione matrimonium minime dissoluatur et nihil uitium mulieris incurrit, humanum est donationem, quae mortis causa ab initio facta est, tali exilio subsecuto confirmari, tamquam si mortuo marito rata habebatur, ita tamen, ut non adimatur licentia marito eam reuocare, quia et mors eius exspectanda est, ut tunc plenissimam habeat firmitatem, quando ab hac luce fuerit subtractus, siue reuersus siue adhuc in poena constitutus.
Since, therefore, the marriage is by no means dissolved by deportation and the wife incurs no blame, it is humane that a donation which was made mortis causa from the beginning should be confirmed when such exile has followed, just as if it were held valid upon the husband's death; provided, however, that the power to revoke it is not taken away from the husband, because his death must also be awaited, so that it may have its fullest validity when he is taken from this light, whether he has returned or is still subject to the penalty.
§24.1.13.2Cum quis acceperit, ut in suo aedificet, condici ei id non potest, quia magis donari ei uidetur: quae sententia Neratii quoque fuit: ait enim datum ad uillam extruendam uel agrum serendum, quod alioquin facturus non erat is qui accepit, in speciem donationis cadere.
When anyone has received something in order to build on his own land, a condictio cannot be brought against him for it, because it seems rather to be given to him as a gift; which was also the opinion of Neratius, for he says that what is given to build a villa or to sow a field, which the recipient would not otherwise have done, falls under the category of a donation.
ergo inter uirum et uxorem hae erunt interdictae.
Therefore, between husband and wife, these transactions will be prohibited.