Illegal Consideration

A contract induced by an illegal consideration (injusta or turpis causa) was not enforceable, even though the thing promised was itself lawful. The illegality of the consideration could be pleaded as a defense (Hunter, 598).

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Termination of Mandate

The mandate might be revoked so long as it had not been acted upon, but the mandator was not permitted to revoke the mandate after partial performance in order to escape his liability to the mandatary. The mandate might also be terminated by renunciation by the mandatary, or by the death of either party. But if the mandatary performed the mandate in ignorance of the death of the mandator, he could maintain an action for indemnification. (See generally as to mandate, Inst. III, 26; Gaius, 3, 155-162; Hunter, 482-489; Sohm, 407.)
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Second Marriages

A widow was forbidden to, marry again until one year after her husband's death. If she married before the expiration of her year of mourning, the marriage was valid, but she suffered infamy and lost some of her rights of succession. A divorced woman might remarry after six months after the divorce, but later the time was extended to one year. In the case of the remarriage of either parent the rights of the children of the first marriage in the property of their deceased parent acquired by the re- marrying parent were protected by legislation of the later Empire. (Sohm, § 98.)
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Modes of Contracting Marriage with Manus

There were three modes of contracting marriage with manus: (1) Confarreatio. This was a religious rite the precise form of which has not come down to us. It consisted essentially in the sacrifice of wheaten bread {farreus panis) to Jupiter. (Compare the modern wedding cake.) The ceremony took place before the Pontifex IMaximus and the priest of Jupiter. Only patricians could marry by this mode, and only persons born of this kind of marriage were eligible to the priestly office. (Gains, I, § 112.) (2) Coemptio. This was a purchase of the wife by the husband from the person in whose power she was. The transaction was by the ceremony of mancipation, in the presence of the balance-holder and five witnesses. Coemptio was the ordinary form in which any Roman citizen, whether patrician or plebeian, might marry. (Gaius, I, § 113.) (3) Usus. Where a man and a woman not married by either of the above modes cohabited as husband and wafe for a period of one year, their, marriage,...
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