[SCAEUOLA libro secundo responsorum. ] §24.1.58.prSi praedia et mancipia Seiae data effecta sint eius tempore concubinatus ac postea tempore matrimonii aliis acceptis reddita sunt, quid iuris est? respondit secundum ea quae proponerentur negotium potius gestum uideri, quam donationem interuenisse.
[SCAEVOLA, in the second book of Opinions.] If the tracts of land and slaves given to Seia were made hers during the time of her concubinage, and afterwards during the time of marriage they were returned, other things having been received [in exchange], what is the law? He answered that, according to the facts propounded, it seems that a business transaction was conducted rather than that a donation intervened.
§24.1.58.1Item cum quaereretur de cibariis mancipiorum, respondit: tempore quidem concubinatus data cibaria repeti non possunt, sed nec tempore matrimonii, si ea mancipia uxoris in communi usu fuerint.
Likewise, when a question was raised regarding the food allowances of slaves, he answered: the food allowances given during the time of concubinage indeed cannot be recovered, but neither can those given during the time of marriage, if those slaves of the wife were in common use.
§24.1.58.2Filius rebus matris interuenire solitus pecunia matris consentiente ipsa mancipia et res mercatus emptionum instrumenta suo nomine confecit: decessit in patris potestate.
A son, accustomed to manage his mother's affairs, with the consent of his mother herself and with her money, purchased slaves and goods, and drew up the bills of sale in his own name; he died while under his father's power.
quaesitum est, an mater cum marito suo experiri et qua actione uti possit.
It was asked whether the mother could bring an action against her husband, and what action she could use.
respondit, si mater obligatum filium in ea pecunia uoluit esse, intra annum, quam filius decessit, de peculio cum patre, in cuius potestate fuisse proponatur, actionem habere: si donauit, repeti posse, quanto locupletior ex ea donatione pater factus est.
He answered that, if the mother wished the son to be obligated in respect of that money, she has an action concerning the peculium against the father (under whose power the son is propounded to have been), within a year from when the son died; if she donated it, it can be recovered to the extent that the father has been made richer by that donation.