[PAPINIANUS libro duodecimo responsorum. ] §39.5.31.prDonationes in concubinam collatas non posse reuocari conuenit nec, si matrimonium inter eosdem postea fuerit contractum, ad irritum reccidere quod ante iure ualuit.
It is agreed that gifts bestowed upon a concubine cannot be revoked, nor, if a marriage is subsequently contracted between the same persons, does what was previously legally valid fall into invalidity.
an autem maritalis honor et affectio pridem praecesserit, personis comparatis, uitae coniunctione considerata perpendendum esse respondi: neque enim tabulas facere matrimonium.
However, I replied that whether marital honor and affection had already preceded must be evaluated by comparing the persons and considering their union of life; for a marriage contract does not make a marriage.
§39.5.31.1Species extra dotem a matre filiae nomine uiro traditas filiae quae praesens fuit donatas et ab ea uiro traditas uideri respondi nec matrem offensam repetitionem habere uel eas recte uindicare, quod uir cauisset extra dotem usibus puellae sibi traditas, cum ea significatione non modus donationis declaretur nec ab usu proprietas separetur, sed peculium a dote puellae distingueretur.
I replied that objects delivered by a mother in the name of her daughter to the husband outside of the dowry should be regarded as given to the daughter who was present and delivered by her to the husband, and that the mother, though offended, does not have the right of recovery or rightfully claim them, even if the husband had stipulated that they were delivered to him outside of the dowry for the use of the girl; since by that designation the manner of the gift is not declared, nor is ownership separated from use, but the separate property was distinguished from the girl's dowry.
iudicem tamen aestimaturum, si mater iure contra filiam offensa eas reuocare uelit, et uerecundiae maternae congruam bonique uiri arbitrio competentem ferre sententiam.
However, the judge will estimate if the mother, rightfully offended against her daughter, wishes to revoke them, and will render a decision agreeable to maternal modesty and suitable to the judgment of a good man.
§39.5.31.2Pater, qui filiae, quam habuit in potestate, mancipia donauit et peculium emancipatae non ademit, ex post facto donationem uidebatur perfecisse.
A father who gifted slaves to his daughter whom he had in his power, and did not take away her separate property when she was emancipated, was deemed to have perfected the gift ex post facto.
§39.5.31.3Eiusmodi lege deposita in aede arca, ut eam ipse solus qui deposuit tolleret aut post mortem domini Aelius Speratus, non uideri celebratam donationem respondi.
I replied that if a chest was deposited in a temple under such a condition that only the depositor himself should take it, or after the death of the owner, Aelius Speratus, a gift is not deemed to have been celebrated.
§39.5.31.4Ratae donationes esse non possunt post crimen perduellionis contractum, cum heredem quoque teneat, etsi nondum postulatus uita decesserit.
Gifts cannot be valid after the crime of treason has been committed, since it also binds the heir, even if the person died before being accused.