[IDEM libro sexto quaestionum. ] §46.8.25.prPater dotem a se datam absente filia petit et ratam rem habituram eam cauit: ea prius quam ratum haberet, mortua est.
[THE SAME, Book VI of Questions.] A father claimed a dowry given by himself in the absence of his daughter, and gave security that she would ratify the matter; she died before she could ratify it.
negauit committi stipulationem, quia et si uerum sit ratum eam non habuisse, nihil tamen mariti intersit dotem restitui, cum patri etiam mortua filia salua esse dos debeat.
He held that the stipulation is not committed, because even if it is true that she did not ratify it, nevertheless it is of no interest to the husband that the dowry be restored, since the dowry ought to be preserved for the father even upon the death of the daughter.
§46.8.25.1Procurator cum ab eo aes alienum exegerat, qui tempore liberaretur, ratam rem dominum habiturum cauit: deinde post tempus liberato iam debitore dominus ratam rem habet.
When a procurator collected a debt from a person who was to be released by the passage of time, he gave security that the principal would ratify the matter; subsequently, after the passage of time when the debtor was already released, the principal ratified the matter.
posse debitorem agere cum procuratore existimauit, cum iam debitor liberatus sit: argumentum rei, quod, si nulla stipulatio interposita sit, condictio locum aduersus procuratorem habitura sit: in locum autem condictionis interponi stipulationem
He held that the debtor can sue the procurator, since the debtor has already been released; the proof of this is that, if no stipulation had been interposed, a condictio would lie against the procurator, and the stipulation is interposed in place of the condictio.