Paulus, On the Edict, Book LXXII. The head of a household that has arrived at the age of puberty, who is his own master, and of sound mind, can obligate himself. A ward cannot become liable under the Civil Law without the authority of his guardian. A slave cannot be bound by a contract.

Paulus, On the Edict, Book LXXII. The contract is made between the stipulator and the promisor, and therefore where one of them promises for another that he will either pay something, or perform some act, he will not be liable, for each one must promise for himself. And he who asserts that there is no fraud connected with the transaction, and that there will be none, does not simply make a disavowal, but promises that he will see that no fraud is committed. The same rule applies to the following stipulations, namely, “that the party interested will be permitted to have the property,” and that “Nothing will be done either by you or your heir to prevent this from taking place.” 1If, when stipulating for Stichus, I have another slave in my mind, and you have still another, the transaction will be void. This was also the opinion of Aristo with reference to judgments. The better opinion, however, is that he shall be considered to be demanded whom the purchaser had in his mind; for while the validity of the stipulation depends upon the consent of both parties, a judgment is rendered against one of them without his consent, and therefore the plaintiff should rather be believed; otherwise the defendant will always deny that he consented. 2If, when I stipulate for either Stichus or Pamphilus, you promise to give me one of them, it is decided that you will not be liable, and that no answer was given to the interrogatory. 3The case of sums of money is different, as, for instance, “Do you promise to pay ten, or twenty aurei?” For, in this instance, although you promise ten, the answer was properly given, because a person is considered to have promised the smaller of two sums of money. 4Again, if I stipulate for several things, for example, for Stichus and Pamphilus, although you may have promised one of them, you will be liable, for you are considered to have answered in one of these two stipulations. 5I cannot legally stipulate for anything which is sacred or religious, or which has been perpetually destined for the use of the public, as a market or a temple, or a man who is free; although what is sacred may become profane, and anything which has been destined for public service may revert to private uses, and a man who is free may become a slave. For when anyone promises that he will give something which is profane, or Stichus, he will be released from liability if the property becomes sacred, or Stichus obtains his freedom, without any act of his. Nor will these things again become the subject of the obligation, if by some law, the property should again become profane, and Stichus, from being free, should again be reduced to servitude; as what is the consideration of both the release and the obligation can neither be delivered nor not be delivered. For if the owner of a ship, who has promised it, takes it apart and rebuilds it with the same materials, the obligation is renewed, because it is the same ship. Hence Pedius states that it can be said that if I stipulate for a hundred jars of wine, from a certain estate, I should wait until it is made, and if it was made and was then consumed without the fault of the promisor, I should again wait until more has been made, and can be delivered; and during these changes, the stipulation will either remain in abeyance or will become operative. These cases, however, are dissimilar, for when a freeman is promised, it is not necessary to wait until the time of his servitude, as a stipulation of this kind with reference to a freeman should not be approved; for example, “Do you promise to deliver So-and-So, when he becomes a slave?” and also, “Do you promise to transfer that ground when, from being sacred and religious, it becomes profane?” because such a stipulation does not include the obligation of the present time, and only such things as by their nature are possible can be introduced into an obligation. We are considered to stipulate not for a species but for a genus of wine; and, in this instance, the time is tacitly included. A freeman belongs to a certain species, and it is not in accordance with either civil or natural law to expect an accident or adverse fortune to happen to a man who is free, for we very properly transact our affairs with reference to such property as can immediately be subjected to our use and ownership. If a ship is taken apart with the intention of using its planks for some other purpose, although the owner may change his mind, it must be said that the original vessel has been destroyed, and that this is a different one. If, however, all of the planks have been removed for the purpose of repairing the ship, the original vessel is not considered to have been destroyed, and when the materials are put together again, it again becomes the same; just as where beams are taken from a house with the intention of being replaced, they continue to belong to the house. If, however, the house is taken down to the level of the ground, even though the same materials are replaced, it will be a different building. This discussion has reference to prætorian stipulations by which provision is made for the restoration of property, and the question arises whether it is the same property. 6If I have stipulated for something under a lucrative title, and I obtain it by such a title, the stipulation is extinguished. Where I become the heir, the stipulation is extinguished by the ownership. If, however, I being the heir, the deceased charged me with a legacy of the property, an action can be brought under the stipulation. The same rule applies if the legacy was bequeathed conditionally, because if the debtor himself should bequeath the property under a condition, he will not be released. If, however, the condition should not be complied with, and the property should remain in the possession of the heir, there would be no further ground for the claim. 7If I stipulate for Stichus, who is dead, even though this is the case, and a personal action for his recovery can be brought, just as can be done from a thief, Sabinus says that I have made a valid stipulation. But where a stipulation is made under other circumstances, it will be void; for even though the slave may be due, the promisor is released from liability by his death. He would therefore hold the same opinion if I should stipulate for the dead slave, when the debtor was in default. 8Where anyone promises to produce a female slave, who is pregnant, in a certain place, although he may produce her without her child, he is understood to produce her in the same condition.

Paulus, On the Edict, Book LXXII. If a slave owned in common stipulates as follows, “Do you promise to pay ten aurei to my master and the same ten to another?” we say that there are two joint-stipulators.

Paulus, On the Edict, Book LXXII. Those who promise responsibility as sureties can assume a lighter, but not a heavier, burden. Therefore, if I stipulate for myself with the principal debtor, and I cause a surety to promise for me, or for Titius, Julianus thinks that the condition of the surety is better, because he can even pay Titius. If I have stipulated with the principal debtor for payment to myself, or to Titius, and with the surety only for payment to me, Julianus says that the condition of the surety is more onerous. But what if I should stipulate with the principal debtor for Stichus, or Pamphilus, and with the surety only for Stichus? Will the surety be in a better or in a worse condition if he does not have the right of selection? It is true that his condition will be better, because he will be released from liability by the death of Stichus.

The Same, On the Edict, Book LXXII. We can make a novation ourselves, if we are our own masters, or by others who stipulate with our consent. 1A ward cannot make a novation without the authority of his guardian; a guardian can do so, if it is to the interest of his ward, and as agent likewise, if he has charge of all the property of his principal.