[IDEM libro decimo responsorum. ] §39.5.29.prDonari uidetur, quod nullo iure cogente conceditur.
It is understood to be donated what is granted without any compelling law.
§39.5.29.1Quidam in iure interrogatus nihil sibi debere tutoris heredes respondit.
A certain person, when questioned in court, replied that the heirs of his tutor owed him nothing.
eum actionem iure amisisse respondi: licet enim non transactionem, sed donationis haec uerba esse quis accipiat, attamen eum, qui in iure confessus est, suam confessionem infirmare non posse.
I replied that he had lost his action by law; for even if one should accept these words to be of a donation rather than a compromise, nevertheless, he who has confessed in court cannot invalidate his own confession.
§39.5.29.2Donationem quidem partis bonorum proximae cognatae uiuentis nullam fuisse constabat: uerum ei, qui donauit ac postea iure praetorio successit, quoniam aduersus bonos mores et ius gentium festinasset, actiones hereditarias in totum denegandas respondit:
It was clear that the donation of a part of his property to a living close female relative was void; but to him who made the donation and afterwards succeeded by praetorian law, since he had hastened contrary to good morals and the law of nations, the estate actions must be denied entirely, he replied.