[IDEM libro trigesimo sexto ad Sabinum. ] §24.1.33.prSi stipulata fuerit mulier annuum, id ex stipulatu petere constante matrimonio non potest.
[THE SAME in his thirty-sixth book on Sabinus.]\n\nIf a woman has stipulated for a yearly allowance, she cannot claim it on the basis of the stipulation while the marriage lasts.
sed si manente matrimonio decessisse maritus proponatur, puto, quia in annuo quoque donatio uertitur, posse dici stipulationem confirmari ex senatus consulto. §24.1.33.1Si uxor marito annuum uersa uice praestiterit, restituetur ei hoc et poterit uindicare id quod exstat: credo poterit et condicere, in quantum locupletior factus est, quia non tam sollemne est annuum, quod maritus uxori pendit et quod uxor marito praestat, immo incongruens est et contra sexus naturam. §24.1.33.2Et si forte maritus ab uxore stipulatus sit id annuum decesseritque mulier constante matrimonio, dicendum erit ex oratione donationem conualescere.
But if it is proposed that the husband has died while the marriage was still standing, I think that, because a donation is also involved in a yearly allowance, it can be said that the stipulation is confirmed by the senate's decree.\n\nIf, conversely, a wife has paid a yearly allowance to her husband, this shall be restored to her, and she can vindicate what is still in existence; and I believe she can also bring a personal action for recovery to the extent that he has been made richer, because a yearly allowance which a wife pays to her husband is not so customary as that which a husband pays to his wife, but rather it is incongruous and contrary to the nature of the sex.\n\nAnd if by chance a husband has stipulated for that yearly allowance from his wife, and the woman dies while the marriage is still standing, it must be said that the donation becomes valid from the speech.