Corpus Juris Civilis TITLE XXI. Concerning Obligations in Writing.
Formerly an obligation was entered into in writing which was said to
have been made by entries, but these are at present no longer employed. It is
evident that if anyone declares in writing that he owes money, which has never
been paid to him, he cannot avail himself of the exception of non-payment after
a long time has elapsed; for this has been decided time and again. So it
happens that even now since he cannot defend himself, he is bound by the
writing; and out of this a right of personal action arises of course in the
absence of any verbal obligation. The long time formerly attached to this
exception by virtue of certain Imperial Constitutions embraced the period of
five years; but to prevent creditors from being exposed to lose their money
fraudulently by lapse of time, the term has been abridged by one of Our
Constitutions, so that an exception of this kind is not at present available
beyond the limit of two years.