[POMPONIUS libro sexto ad Sabinum. ] §34.3.8.prNon solum nostrum debitorem, sed et heredis et cuiuslibet alterius ut liberetur, legare possumus.
We can bequeath so that not only our own debtor, but also that of our heir or of anyone else, may be released.
§34.3.8.1Potest heres damnari, ut ad certum tempus non petat a debitore: sed sine dubio nec liberare eum intra id tempus debebit, et, si debitor decesserit, ab herede eius intra id tempus peti non poterit.
An heir can be charged not to demand from a debtor for a certain time; but without doubt, he will not be bound to release him within that time, and, if the debtor dies, payment cannot be demanded from his heir within that time.
§34.3.8.2Illud uidendum est, an eius temporis, intra quod petere heres uetitus sit, uel usuras uel poenas petere possit.
It must be considered whether he can demand either interest or penalties for that period during which the heir is forbidden to make a demand.
et Priscus Neratius existimabat committere eum aduersus testamentum, si petisset: quod uerum est.
And Priscus Neratius was of the opinion that, if he made a demand, he acted against the testament; which is true.
§34.3.8.3Tale legatum: 'heres meus a solo Lucio Titio ne petito' ad heredem Lucii Titii non transit, si nihil uiuo Lucio Titio aduersus testamentum ab herede, eo quod ab eo exigere debitum temptauit, sit commissum: quotiens enim cohaeret personae id quod legatur, ueluti personalis seruitus, ad heredem eius non transit, si non cohaeret, transit.
Such a legacy as: 'Let my heir not demand from Lucius Titius alone' does not pass to the heir of Lucius Titius, if, during the lifetime of Lucius Titius, nothing was committed by the heir against the testament by reason of his having attempted to exact the debt from him; for whenever that which is bequeathed is attached to the person, like a personal servitude, it does not pass to his heir, but if it is not attached, it does pass.
§34.3.8.4Si uerba liberationis in rem sint collata, pro eo est, quasi heres ab eo debitore heredeque eius petere uetitus sit, ut adiectio heredis perinde nihil ualeat, atque non esset ualitura ipsius debitoris persona non comprehensa.
If the words of release are directed to the matter itself (in rem), it is just as if the heir were forbidden to demand from that debtor and his heir, so that the addition of the heir has no more effect than it would have had if the person of the debtor himself had not been included.
§34.3.8.5Is, qui reddere rationes iussus sit, non uidetur satisfacere, si reliquum reddat non editis rationibus.
He who has been ordered to render accounts is not considered to satisfy the obligation if he pays over the balance without presenting the accounts.
§34.3.8.6Si heres uetitus sit agere cum eo, qui negotia defuncti gesserit, non uidetur obligatio ei praelegata, quae dolo uel ex fraude eius qui negotia gesserit commissa sit, et testator id uidetur sensisse.
If an heir is forbidden to bring an action against one who has managed the affairs of the deceased, an obligation which was incurred through the dolus or fraud of the manager is not considered to have been pre-bequeathed to him, and the testator is deemed to have intended this.
ideo si heres negotiorum gestorum egisset, agens procurator ex testamento incerti doli mali exceptione excludi potest.
Therefore, if the heir has brought an action on managed affairs, the manager (procurator) bringing an action under a testament for an uncertain sum (ex testamento incerti) can be barred by the plea of fraud (exceptio doli mali).
§34.3.8.7Et ei liberatio recte legatur, apud quem deposuero uel cui commodauero pignoriue dedero uel ei quem ex furtiua causa mihi dare oportet.
And a release is validly bequeathed to one with whom I have deposited, or to whom I have commodated or given a pledge, or to one who is bound to give to me on account of theft.