[ULPIANUS libro trigesimo tertio ad Sabinum. ] §24.1.32.18Si nurus socero donauerit, mortem nurus et perseuerantem in supremam diem uoluntatem spectare nos oportet.
[ULPIANUS in his thirty-third book on Sabinus.] If a daughter-in-law donates to her father-in-law, it is necessary for us to look to the death of the daughter-in-law and her continuing will up to her last day.
quod si socer ante decesserit, dicemus exstinctam donationem an, quia maritus uiuit, si uxori suae superuixit, admittimus uim habere donationem? et si quidem maritus solus socero heres exstitit, quasi noua donatio potest seruari in maritum collata, ut illa finita sit, alia coeperit: sin uero filius heres patri non est, finita erit donatio ratione nouas.
But if the father-in-law dies beforehand, shall we say that the donation is extinguished, or, because the husband is alive, if he survived his wife, do we admit that the donation has force? And if indeed the husband alone stands as heir to the father-in-law, it can be preserved as if it were a new donation conferred upon the husband, so that the former is ended and another has begun; but if the son is not heir to the father, the donation will be ended by reason of a new transaction.
§24.1.32.19Si socer nurui nuntium miserit, donatio erit irrita, quamuis matrimonium concordantibus uiro et uxore secundum rescriptum imperatoris nostri cum patre comprobatum est: sed quod ad ipsos, inter quos donatio facta est, finitum est matrimonium.
If a father-in-law sends a notice of divorce to his daughter-in-law, the donation will be void, although the marriage, by the agreement of the husband and wife, was approved in relation to the father according to the rescript of our Emperor; but as far as concerns those very persons between whom the donation was made, the marriage is ended.
§24.1.32.20Proinde et si duo consoceri inuicem donauerint, idem erit dicendum, si inuitis filiis nuntium remiserint, inter ipsos irritam esse donationem.
Accordingly, even if two joint fathers-in-law donate to each other, the same must be said, that if they send back a notice against the wishes of their children, the donation is void between them.
in hac autem donatione inter soceros facta mors desideranda est eius qui donauit constante matrimonio et iure potestatis durante: idemque et in his qui sunt in eorum potestate.
Moreover, in this donation made between fathers-in-law, the death of the one who donated is required while the marriage is lasting and the right of power continues; and the same also in the case of those who are in their power.
§24.1.32.21Si consocer consocero donauerit et alter eorum uel uterque copulatos emancipauerit, debet dici donationem ad orationem non pertinere et ideo infirmari donationem.
If a joint father-in-law donates to a joint father-in-law, and one or both of them emancipate those joined in marriage, it must be said that the donation does not pertain to the speech, and therefore the donation is invalidated.
§24.1.32.22Si sponsus sponsae donauerit in tempus matrimonii collata donatione, quamuis inter uirum et uxorem donatio non uideatur facta et uerba orationis minus sufficiant, tamen donationem dicendum est ad sententiam orationis pertinere, ut, si durauerit uoluntas usque ad mortem, ualeat donatio.
If a betrothed man donates to his betrothed woman, the donation being deferred to the time of marriage, although the donation does not seem to have been made between husband and wife and the words of the speech are less than sufficient, nevertheless it must be said that the donation pertains to the intention of the speech, so that, if the will continues until death, the donation is valid.
§24.1.32.23Siue autem res fuit quae donata est siue obligatio remissa, potest dici donationem effectum habituram: ut puta uxori acceptum tulit donationis causa quod debeat: potest dici pendere acceptilationem non ipsam, sed effectum eius.
Whether it was a thing that was donated or an obligation remitted, it can be said that the donation will have effect; as for example, for the sake of donation, he entered as received what his wife owed: it can be said that not the acceptilation itself, but its effect, is pending.
et generaliter uniuersae donationes, quas impediri diximus, ex oratione ualebunt.
And generally, all donations which we said were hindered will be valid from the speech.
§24.1.32.24Si inter uirum et uxorem societas donationis causa contracta sit, iure uulgato nulla est, nec post decretum senatus emolumentum ea liberalitas, ut actio pro socio constituatur, habere poterit: quae tamen in commune tenuerunt fine praestituto, reuocanda non sunt.
If a partnership is contracted between husband and wife for the sake of a donation, by common law it is void, and even after the decree of the senate, that liberality cannot have the benefit that an action for a partner is established; which things, however, they held in common until the pre-established limit, are not to be revoked.
idcirco igitur pro socio actio non erit, quia nulla societas est, quae donationis causa interponitur, nec inter ceteros et propter hoc nec inter uirum et uxorem.
For this reason, therefore, there will be no action for a partner, because there is no partnership which is interposed for the sake of a donation, neither among others, and on account of this, neither between husband and wife.
§24.1.32.25Idem erit dicendum et si emptio contracta sit donationis causa: nam nulla erit.
The same must be said even if a purchase is contracted for the sake of a donation; for it will be void.
§24.1.32.26Plane si minoris res uenierit donationis causa uel postea pretium sit remissum, admittemus donationem ualere ad senatus consultum.
Clearly, if a thing is sold for less for the sake of a donation, or afterwards the price is remitted, we admit that the donation is valid according to the senate's decree.
§24.1.32.27Si quis sponsam habuerit, deinde eandem uxorem duxerit cum non liceret, an donationes quasi in sponsalibus factae ualeant, uideamus.
If anyone has a betrothed, and then marries her when it was not allowed, let us see whether donations made as if during betrothal are valid.
et Iulianus tractat hanc quaestionem in minore duodecim annis, si in domum quasi mariti inmatura sit deducta: ait enim hanc sponsam esse, etsi uxor non sit.
And Julian treats this question in the case of a girl under twelve years of age, if she was brought into the house as if of a husband while immature; for he says that she is a betrothed, even if she is not a wife.
sed est uerius, quod Labeoni uidetur et a nobis et a Papiniano libro decimo quaestionum probatum est, ut, si quidem praecesserint sponsalia, durent, quamuis iam uxorem esse putet qui duxit, si uero non praecesserint, neque sponsalia esse, quoniam non fuerunt, neque nuptias, quod nuptiae esse non potuerunt.
But what seems correct to Labeo, and is approved both by us and by Papinian in the tenth book of Questions, is truer: that if indeed betrothal preceded, it continues, although he who married thinks she is already a wife; but if it did not precede, there is neither a betrothal, since there was none, nor a marriage, because a marriage could not exist.
ideoque si sponsalia antecesserint, ualet donatio: si minus, nulla est, quia non quasi ad extraneam, sed quasi ad uxorem fecit et ideo nec oratio locum habebit.
And therefore, if betrothal went before, the donation is valid; if not, it is void, because he made it not as if to a stranger, but as if to a wife, and therefore the speech will not apply either.
§24.1.32.28Sed si senator libertinam desponderit uel tutor pupillam uel quis alius ex his, qui matrimonium copulare prohibentur, et duxerit, an donatio quasi in sponsalibus facta ualeat? et putem etiam sponsalia inprobanda et quasi ab indignis ea quae donata sunt ablata fisco uindicari.
But if a senator betrothes a freedwoman, or a tutor his female ward, or someone else of those who are prohibited from contracting marriage, and marries her, does the donation made as if during betrothal hold valid? And I would think that even the betrothal is to be disapproved, and the things which were donated, having been taken away as if from unworthy persons, are claimed for the treasury.