The Same, On the Edict, Book XXX. Where anyone has defended my slave in a noxal case, and I was ignorant of the fact, or absent, he will have a right of action against me for the entire amount on the ground of business transacted, and not one based on peculium.

Paulus, On the Edict, Book XXX. As they sometimes take goods to the houses of honorable persons, and sell them there. The place where the property is sold or purchased does not change the cause of action, since in each instance it is true that the agent has bought or sold.

Paulus, On the Edict, Book XXX. The Institorian Action should also be granted against the agent himself, if he was one appointed for the transaction of all kinds of business.

The Same, On the Edict, Book XXX. Where anyone is appointed for the purpose of purchasing and selling slaves, beasts of burden, or cattle, not only the Institorian Action will lie against the party who appointed him, but also the action for rescission of contract, as well as that on the stipulation for double or single damages for the entire amount should be granted against him. 1If you have the slave of Titius as your business-manager, I can proceed against you under this Edict, or against Titius under the Edicts hereinafter mentioned; but if you have forbidden any contracts to be made with him, suit can only be brought against Titius. 2Where a child under puberty becomes the heir of a father who had business-agents, and then contracts are made with them; it must be held that an action can be granted against the child for the sake of the benefit of ordinary commerce; just as where, after the death of a guardian with whose consent an agent has been appointed, business is transacted with him. 3Pomponius also stated that an action should certainly be granted on account of a contract which was concluded before the estate was entered upon, even though the heir should become insane; for he is not to blame who, being aware that the principal is dead, contracts with the agent managing the business. 4Ad Dig. 14,3,17,4Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 483, Note 4.Proculus says that if I notify you not to make a loan to a slave appointed by me, the exception, “If he did not notify him not to lend to that slave,” may be granted. But if he has any property of his own, or anything arising from the contract has been employed in my business, and I am not willing to make payment to the amount to which I have been pecuniarily benefited, a replication based on malicious intent should be filed, for I must be held to be guilty of malicious intent through attempting to profit by the loss of another. 5It is true that a personal action for recovery will also be available in this instance.

Paulus, On the Edict, Book XXX. Provided that the merchandise which is handled with the money of the peculium belongs to us.

Paulus, On the Edict, Book XXX. If the ward, whose guardian was aware of the facts, is guilty of fraud after reaching puberty, or the insane person when he becomes of sound mind, they will be liable under this Edict.

Paulus, On the Edict, Book XXX. For this action does not, like that on the peculium, make the condition of the prior claimant the better, but it makes that of all of them the same, no matter when they file their claims.

Paulus, On the Edict, Book XXX. The action De peculio can also be brought against a purchaser of the slave; but the Tributorian Action can not.

Paulus, On the Edict, Book XXX. Where a son under paternal control is sued and has judgment rendered against him during the lifetime of his father, an action on the judgment should be granted against him to the extent of his ability to pay, if he has been subsequently emancipated or disinherited. 1If the estate of his father has been restored to a disinherited son under the Trebellian Decree of the Senate, judgment should not be rendered against him to the extent of his capacity to pay, but for the entire amount, because, in fact, he is, in some respects, an heir. 2But if, having been forced to do so, he has interfered with the estate for the purpose of transferring it, the same proceedings should be taken as if he had rejected it.

Paulus, On the Edict, Book XXX. If, however, payment has been made through ignorance by a curator, the amount can be recovered.

Paulus, On the Edict, Book XXX. because the natural obligation remains;

Ad Dig. 14,6,12Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 307, Note 3.Paulus, On the Edict, Book XXX. Where money is lent to a son with the mere knowledge of his father, it must be said that the Decree of the Senate is not applicable. But if the father directed the loan to be made to the son, and afterwards changed his mind without the creditor being aware of the fact, there will be no ground for the Decree of the Senate, as the beginning of the contract should be considered.

Paulus, On the Edict, Book XXX. For partners cannot bring the action on peculium against one another.

Paulus, On the Edict, Book XXX. If the master has once, in a case of this kind, that is to say, where he has been guilty of fraud, made good the amount of the peculium after he has been sued; he will not be compelled to pay anything to others on the same ground. And, moreover, if the slave owes him as much as that by which he has fraudulently diminished the amount, judgment should not be rendered against him. It follows from what has been said that also where the slave has been manumitted or alienated, he will be liable also on the ground of fraud, within the year.

Paulus, On the Edict, Book XXX. Where, however, the heir himself has committed fraud he must make good the entire amount.

Paulus, On the Edict, Book XXX. If, after I have brought an action against you on the peculium, and, before the case has been decided, you have sold a slave; Labeo says that judgment ought to be rendered against you with reference also to the peculium which he has acquired while in the hands of a purchaser, and that relief should not be granted you; for this happened through your own fault since you sold the slave.

Paulus, On the Edict, Book XXX. Since, after the death of a son under paternal control, an action, limited to a year, will lie against the father, just as a perpetual action will lie during the lifetime of the son; therefore, if an action De peculio, in a case involving a rescission of contract, is brought, it must be within six months after the death of the son; and the same should be said with reference to all other actions which are of a temporary character. 1Where a slave, to whom money has been loaned, is in the hands of the enemy, the action on the peculium against the master is not limited to a year, so long as the slave can return under the law of postliminium.

Paulus, On the Edict, Book XXX. And Pomponius says that it makes no difference whether he gives it for his daughter, or his sister, or a granddaughter, the issue of another son. We shall, therefore, say the same where a slave has borrowed money, and given it as dowry, on account of the daughter of his master.

Paulus, On the Edict, Book XXX. Whatever a slave has borrowed for this purpose, namely, in order to pay it to his own creditor, will not be employed in his master’s business, although the latter is released from liability to an action on the peculium.

Paulus, On the Edict, Book XXX. Where a loan is made to the slave of a ward, with the sanction of his guardian, if the loan was for the benefit of the ward, I think that an action on the ground of the guardian’s sanction should be granted against the ward. 1Where a loan is made by the authority of the master of a female slave, or by that of the father of a girl, an action on this ground should be granted against him. 2If a contract is made with a slave of another by my authority, and I afterwards purchase the slave, I will not be liable to this action; lest a proceeding which, in the beginning, was of no effect, be rendered valid by the occurrence.

Paulus, On the Edict, Book XXX. The Velleian Decree of the Senate very fully provides that women cannot become sureties for anyone. 1For as, by our customs, women are deprived of civil office and very many things which they do are void by mere operation of law, much more should they be deprived of the power to perform an act in which not only their services and the mere employment of the same are involved, but also the risk of their entire private property. 2It seems to be just to come to the relief of a woman in this manner, so that an action should be granted against an old debtor, or against a party who had rendered a woman liable in his behalf, for the reason that he, rather than the creditor, had taken advantage of her.

Paulus, On the Edict, Book XXX. Where, however, a woman appears for the defence of a party who, if he has judgment rendered against him, will have recourse against her, (as, for instance, where she appears in defence of the vendor of an estate which she has sold to him or to a surety of hers) she is not held to have bound herself in his behalf.

Ad Dig. 16,1,11BOHGE, Bd. 2 (1871), S. 106: Voraussetzungen der tacita intercessio.ROHGE, Bd. 14 (1875), Nr. 12, S. 33: Aufnahme eines Darlehns für einen Andern. Bedeutung der Ausdrücke „Verbürgen, Verbürgung“.Paulus, On the Edict, Book XXX. Where a woman borrows money under the pretext of using it for her own purposes, but in fact with the intention of lending it to another; there is no ground for the application of the Decree of the Senate, otherwise, no one would contract with women, because he would be ignorant what their intentions were.

Paulus, On the Edict, Book XXX. This action is an equitable one, and involves compensation.

Paulus, On the Edict, Book XXX. From it the words “tabernacle” and “contubernales” are derived.