Latin
Lines 1.640-1.646
Roman Law and Society, The Institutes of Justinian 1.640-646
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3. But, if you stipulate thus "Do you engage to give me ten aurei annually, as long as I live?" the obligatio is understood to be made simply, and is perpetual; for a debt cannot be due for a time only; but the heir, if he demands payment, will be repelled by the exceptio pacti.
4. A stipulatio is made conditionally, when the obligatio is made subject to the happening of some uncertain event, so that it takes effect if such a thing happens, or does not happen, as, for instance, "Do you engage to give five aurei, if Titius is made consul?" Such a stipulatio as "Do you engage to give five aurei if I do not go up to the Capitol?" is in effect the same as if the stipulatio had been, that five aurei should be given to the stipulator at the time of his death. From a conditional stipulatio, there arises only a hope that the thing will become due; and this hope we transmit to our heirs, if we die before the condition is accomplished.
5. It is customary to insert a particular place in a stipulatio, as, for instance, "Do you engage to give me at Carthage?" and this stipulatio, although it appears to be made simply, yet necessarily implies a delay sufficient to enable the person who promises to pay the money at Carthage. And therefore, if anyone at Rome stipulates thus "Do you engage to give to me this day at Carthage?" the stipulatio is useless, because the thing promised is impossible.
6. Conditions, which relate to time present or past, either instantly make the obligatio void, or do not suspend it in any way; as, for instance, "If Titius has been consul, or if Maevius is alive, do you engage to give me?" If the thing mentioned is not really the case, the stipulatio is void; if it is the case, the stipulatio is immediately valid. Things certain, if regarded in themselves, although uncertain as far as our knowledge is concerned, do not delay the formation of the obligatio.