3.1.113 to 3.1.117

(99) Moreover, a stipulation is void if anyone ignorantly agrees that his own property shall be transferred to himself; as what already belongs to a person cannot be given to him. Finally, a stipulation is void where anyone stipulates as follows: "Do you solemnly agree to pay after my death?" or "Do you solemnly agree to give after your death?" The stipulation, however, is valid if anyone stipulates as follows, "Do you solemnly agree to give at the time of my death?" or "Do you solemnly agree to give when you die?" that is, the obligation is valid as it relates to the last moment of the life of the stipulator or promisor, for it has been considered contrary to legal principle to make the obligation attach to the person of the heir. (100) Again, we cannot stipulate as follows, namely: "Do you solemnly agree to pay on the day before I die, or on the day before you die?" for the expression: "On the day before anyone dies," can only be ascertained after death has taken place; and, moreover, where death has occurred the stipulation becomes retrospective, and means the same as, "Do you solemnly agree to pay to my heir?" which is clearly void. (101) What we have stated with reference to death must also be understood to apply to the loss of civil rights. (102) A stipulation is also void when anyone does not answer the question which he was asked; for instance, if I stipulated for ten sesterces to be paid by you, and you promise five; or if I stipulate absolutely, and you promise conditionally. (103) Moreover, a stipulation is void if we stipulate to pay a party to whose authority we are not subject. Hence the question arose to what extent the stipulation would be valid if a person should agree to pay one to whose authority he is not subject. Our preceptors are of the opinion that it would be valid for the entire amount, and that he who stipulated would be entitled to all of it, just as if he had not added the name of a stranger. The authorities of the other school, however, think that only half is due to him, and that the stipulation is void so far as the other half is concerned.