[PAULUS libro uicesimo primo quaestionum. ] §35.1.81.prIulius Paulus Nymphidio.
[PAULUS in the twenty-first book of Questions.] Julius Paulus to Nymphidius.
Quaesisti, si ita in testamento cautum esset: 'Stichus si rationes reddiderit, cum contubernali sua liber esto eisque decem heres dato', an Sticho mortuo antequam rationes redderet, uel pariatore nel reliqua habente, libera esset mulier? et an de legato idem accipiamus.
You asked, if it had been provided in a testament as follows: "Let Stichus, if he shall have rendered his accounts, be free together with his consort, and let the heir give them ten," whether, if Stichus died before he rendered his accounts, whether he had settled them or held some balance, the woman would be free? And whether we should understand the same concerning the legacy.
libertate data, si rationes reddiderit, hanc condicionem rationum reddendarum, ut iussus uideatur reliqua reddere, si qua habet, cum fide actus sui.
When freedom is given "if he shall have rendered his accounts," this condition of rendering accounts is to be understood as meaning that he is considered ordered to return the balances, if he has any, with good faith in his administration.
quae si nulla sunt, pure accepisse libertatem uidebuntur: et si post aditam hereditatem decessit, competente libertate etiam legatum eos secutum est.
If these balances are none, they will be seen to have received their freedom unconditionally; and if he died after the inheritance was entered upon, since the freedom became effective, the legacy also followed them.
quod si, cum adhuc reliqua haberet, decessit, sub eadem condicione et contubernalis eius libertatem accepisse uidetur et defecta uidebitur condicione.
But if he died while still holding balances, his consort also is considered to have received her freedom under the same condition, and the condition will be seen to have failed.
sed non ineleganter illud dicetur Stichum quidem sub condicione manumissum, contubernalem autem eius pure et illam coniunctionem non ad coniungendam condicionem, sed ad necessitudinem demonstrandam pertinere.
However, it will not be inelegantly said that Stichus indeed was manumitted under condition, but his consort unconditionally, and that the conjunction ("together with") does not serve to join the condition, but to show their relationship.
§35.1.81.1Tunc demum pro impleta habetur condicio, cum per eum stat, qui, si impleta esset, debiturus erat.
A condition is only held as fulfilled when its fulfillment is prevented by the person who would have been liable if it had been fulfilled.