9. A testament is inofficiosum where an attempt has been made to disinherit the children and recourse has been had to persons outside [the family] without regard to the duty of natural affection.[298]
10. The testamentum ruptum is so named because it is made void through the birth of a posthumous child who is neither disinherited nor made an heir by name.
11. A testament is suppressed when it is not publicly made known, to the injury of heirs or legatees or freedmen; and although it is not kept secret, it nevertheless is thought to be suppressed if it is not made known to the aforesaid persons.
12. Nuncupatio (nuncupative will) is when the testator reads the will aloud, saying: “These things I thus give and bequeath as they are written on these tablets and on this wax; and do you Roman citizens be my witness”, and this is called nuncupatio. For nuncupare means to name and confirm openly.
13. The jus liberorum is the right of childless couples to name each other as heir in the place of children.
23. Emptio (purchase) and venditio (sale) is an exchange of goods and a contract arising from agreement.
24. Emptio (purchase) is so called because it is a me tibi (from me to you); venditio is as it were venundinatio, that is, from nundinae (market day).
27. Donatio usufructuaria is so named because the giver retains the usufruct of the thing, the title vesting in him to whom it has been given.
Chapter 25. On property (rebus).
3. Res is derived from possessing rightly (recte); jus from possessing justly (juste).... What is wickedly possessed is not the owner’s. He possesses wickedly who uses his own wickedly or takes possession of another’s.... He who is captured by greed is possessed, not possessing.