If she had children by the deceased, she had only the usufruct of her
portion during her life, and was bound to preserve it for them. If a man
had no legitimate children, he could leave his whole inheritance to his
natural children, or to their mother; but if he had lawful children, he
could leave only one twelfth to the natural children and their mother.
If the father died intestate, without leaving a lawful wife or issue,
his natural children and their mother were entitled to one sixth of the
succession, and the rest was divided among the lawful heirs.

[Sidenote: Contracts.]

In the matter of contracts, the Roman law was especially comprehensive,
and the laws of France and Scotland are substantially based upon the
Roman system. The Institutes of Gaius and Justinian distinguish
four sorts of obligation,--aut _re_, aut _verbis_, aut _literis_,
aut _consenser_. Gibbon, in his learned chapter, prefers to consider
the specific obligations of men to each other under promises, benefits,
and injuries. Lord Mackenzie treats the subject in the order of the
Institutes.

"Obligations contracted _re_--by the intervention of things--are
called by the moderns real contracts, because they are not perfected
till something has passed from one party to another. Of this description
are the contracts of loan, deposit, and pledge. Till the subject is
actually lent, deposited, or pledged, it does not form the special
contract of loan, deposit, or pledge." [Footnote: Mackenzie.]

[Sidenote: Loans.]

In regard to loans, the borrower was obliged to take care of it as if it