De transactionibus theses LXIV

XVII.

Consequently, if a transaction has been made—because the old action is not removed by an acceptilation a formal release of a debt—we assert that the action remains intact, and therefore the execution of the judgment remains, contrary to what seems to be established by the law si causa if the case in the Code Codex Justinianus concerning transactions, and as almost everyone concludes.

XVIII.

Regarding those controversies which arise from a will, one can neither transact nor seek the truth in any way other than by inspecting and understanding the words of the will.

XIX.

Whether a transaction is valid in this case if an oath is added is a question. We shall argue, with the common opinion, that if the other party has not concealed the will, the transaction is valid.

XX.

One may transact concerning past maintenance payments.

XXI.

It has been rightly cautioned by the Senatusconsultum decree of the Senate that one cannot transact concerning future bequeathed maintenance except by a decree of the Praetor.

XXII.

Although we do not think it is prohibited to reach an agreement about these things.

XXIII.

But one cannot transact concerning a suit for future maintenance without consulting the Praetor.

XXIV.

We call those things "bequeathed" which have been left by a will or codicils, through a legacy, a fideicommissum a testamentary trust, a donation in contemplation of death,