De transactionibus theses LXIV

or any other acquisition in contemplation of death.

XXV.

The same is true if maintenance was bequeathed outside of a will by the person from whom it was given in contemplation of death.

XXVI.

However, one may transact regarding maintenance due from a contract, not in contemplation of death, without a decree.

XXVII.

Finally, a transaction made without the Praetor in this way will be accepted if it is useful to the maintenance-recipient; if not, it will be rejected. The Praetor will be the arbiter and judge of that matter.

XXVIII.

But it is asked whether a transaction concerning future maintenance is valid if an oath has been added. We truly believe it is valid, with one exception.

XXIX.

It is not prohibited to transact or reach an agreement regarding a capital crime.

XXX.

Hence it follows that if a transaction has been made, the transaction and agreement are binding, so that the accuser who transacts or agrees can no longer accuse the defendant.

XXXI.

This also follows: that the transaction is unpunished in the person of both the accuser and the defendant.

XXXII.

We do not think it matters whether this was done after an accusation had already been instituted or before.