[PAULUS libro primo decretorum. ] §4.4.38.prAemilius Larianus ab Ouinio fundum Rutilianum lege commissoria emerat data parte pecuniae, ita ut si intra duos menses ab emptione reliqui pretii partem dimidiam non soluisset, inemptus esset, item si intra alios duos menses reliquum pretium non numerasset, similiter esset inemptus.
[PAULUS, in the first book of Decrees.] Aemilius Larianus had bought the Rutilian estate from Ouinius with a forfeiture clause, a part of the money having been paid, so that if he should not have paid half of the remaining price within two months from the purchase, the sale would be void, and likewise if he should not have paid the remaining price within another two months, it would similarly be void.
intra priores duos menses Lariano defuncto Rutiliana pupillaris aetatis successerat, cuius tutores in solutione cessauerunt.
Within the first two months, Larianus having died, Rutiliana, who was of pupilage age, had succeeded him, and her tutors failed to make the payment.
uenditor denuntiationibus tutoribus saepe datis post annum eandem possessionem Claudio Telemacho uendiderat.
The seller, after frequently giving notices to the tutors, sold the same possession to Claudius Telemachus after a year.
pupilla in integrum restitui desiderabat: uicta tam apud praetorem quam apud praefectum urbi prouocauerat.
The female pupil desired to be reinstated; having been defeated both before the praetor and before the prefect of the city, she had appealed.
putabam bene iudicatum, quod pater eius, non ipsa contraxerat: imperator autem motus est, quod dies committendi in tempus pupillae incidisset eaque effecisset, ne pareretur legi uenditionis.
I thought that the judgment was correct, because her father, and not she herself, had contracted; but the emperor was moved because the day of forfeiture had fallen during the time of the pupil, and that circumstance had prevented the terms of the sale from being complied with.
dicebam posse magis ea ratione restitui eam, quod uenditor denuntiando post diem, quo placuerat esse commissum, et pretium petendo recessisse a lege sua uideretur: non me moueri quod dies postea transissent, non magis quam si creditor pignus distraxisset, post mortem debitoris die solutionis finita.
I argued that she could rather be reinstated on the ground that the seller, by giving notice after the day on which it had been agreed that forfeiture should take place and by demanding the price, seemed to have departed from his own clause; and that I was not moved by the fact that the days had subsequently passed, any more than if a creditor had sold a pledge after the death of the debtor when the day of payment had expired.
quia tamen lex commissoria displicebat ei, pronuntiauit in integrum restituendam.
Because, however, the forfeiture clause was displeasing to him, he pronounced that she should be reinstated.
mouit etiam illud imperatorem, quod priores tutores, qui non restitui desiderassent, suspecti pronuntiati erant.
The emperor was also moved by the fact that the previous tutors, who had not sought reinstatement, had been declared suspect.
§4.4.38.1Quod dicitur non solere filiis familias post emancipationem adhuc minoribus succurri in his, quae omississent manentes in potestate, tunc recte dicitur, cum patri adquirere possunt.
When it is said that it is not customary to assist sons-in-power after emancipation while they are still minors, in respect of what they had omitted while remaining in power, this is correctly said only when they were able to acquire for their father.