Ad edictum praetoris libri
Ex libro LXV
Dig. 3,3,55Ulpianus libro sexagensimo quinto ad edictum. Procuratore in rem suam dato praeferendus non est dominus procuratori in litem movendam vel pecuniam suscipiendam: qui enim suo nomine utiles actiones habet, rite eas intendit.
Ulpianus, On the Edict, Book LXV. Where a man has been appointed agent in a matter in which he is interested, his principal is not to be preferred in bringing the suit, or in collecting money; since he who has a right of action in his own behalf can properly attend to these matters.
Dig. 40,4,32Ulpianus libro sexagensimo quinto ad edictum. Sciendum est necessario herede existente, quamvis se abstineat, tamen libertates competere, si modo non in fraudem legis Aeliae Sentiae datae fuerint.
Ulpianus, On the Edict, Book LXV. It must be remembered that grants of freedom made by a will take effect whenever there is a necessary heir, even though he should reject the estate; provided they were not made contrary to the Lex Ælia Sentia.
Dig. 40,5,3Idem libro sexagensimo quinto ad edictum. in quem etiam utiles actiones plerumque creditoribus competunt.
The Same, On the Edict, Book LXV. Creditors generally have the right to bring prætorian actions against freedmen under these circumstances.
Dig. 41,1,46Ulpianus libro sexagensimo quinto ad edictum. Non est novum, ut qui dominium non habeat, alii dominium praebeat: nam et creditor pignus vendendo causam dominii praestat, quam ipse non habuit.
Ulpianus, On the Edict, Book LXV. There is nothing extraordinary in the fact that anyone can transfer to another the ownership of property which he does not possess; for a creditor, by selling a pledge, transfers to the purchaser a title which he himself did not have.
Dig. 42,7,2Ulpianus libro sexagensimo quinto ad edictum. De curatore constituendo hoc iure utimur, ut praetor adeatur isque curatorem curatoresque constituat ex consensu maioris partis creditorum, vel praeses provinciae, si bona distrahenda in provincia sunt: 1Quaeque per eum eosve, qui ita creatus creative essent, acta facta gestaque sunt, rata habebuntur: eisque actiones et in eos utiles competunt: et si quem curatores mitterent ad agendum vel defendendum, uti ius esset: nec ab eo satis, neque de rato neque iudicatum solvi, nomine eius cuius bona veneant exigetur, sed nomine ipsius curatoris qui eum misit. 2Si plures autem constituantur curatores, Celsus ait in solidum eos et agere et conveniri, non pro portionibus. quod si per regiones fuerint constituti curatores, unus forte rei Italicae, alius in provincia, puto regiones eos suas conservare debere. 3Quaeritur, an invitus curator fieri potest: et Cassius scribit neminem invitum cogendum fieri bonorum curatorem, quod verius est. voluntarius itaque quaerendus est, nisi et magna necessitate et imperatoris arbitrio hoc procedat, ut et invitus crearetur. 4Nec omnimodo creditorem esse oportet eum, qui curator constituitur, sed possunt et non creditores. 5Si tres curatores fuerint et unus ex his nihil attigerit, an in eum, qui nihil tetigit, actio danda est? et Cassius existimat modum actori non debere constitui posseque eum cum quo vult experiri. puto Cassii sententiam veriorem: spectandum enim, quid redactum est, non quid ad curatorem unum pervenerit, et ita utimur, nisi invitus factus est: nam si ita est, dicendum non eum conveniendum.
Ulpianus, On the Edict, Book LXV. In the appointment of a curator, it is our practice to apply to the Prætor, in order that he may appoint one or more curators with the consent of the majority of the creditors, or to the Governor of the province, if the property is to be sold therein. 1Anything which may have been done or performed by the curator or curators appointed, that is, any acts or deeds, or any business which has been transacted, should be ratified. They are entitled to actions against others, and prætorian actions will lie against them. If the curators appoint anyone to bring a suit, or defend one, as the case may be, the security exacted from him with reference to the ratification of his acts, or the payment of the judgment, shall not be taken in the name of him whose property is sold, but in that of the curator himself, who appointed him. 2But where several curators are appointed, Celsus says that they must sue and be sued together, and not separately. If, however, the said curators are appointed for different districts, one, for instance, for property in Italy, and another for property in a province, I think that they will have control over their respective districts. 3The question arises whether a curator can be appointed against his will. Cassius says that no one can be compelled to become a curator of property against his consent, which is correct. Therefore, one must be found who is willing, unless imperative necessity exists; and the authority of the Emperor must be invoked for a curator to be appointed against his will. 4It is not absolutely essential that the person appointed curator should be a creditor; but those who are not creditors can be appointed. 5If there are three curators, and one of them did not transact any business relating to his office, can an action be granted against him? Cassius thinks that no restriction should be imposed upon a plaintiff under such circumstances, and that any one creditor, who desires to do so, can institute proceedings against him. I think that the opinion of Cassius is perfectly correct, and that what has been obtained from the estate, and not what has come into the hands of one of the curators, should be taken into consideration. This is our practice, unless the curator was appointed against his consent; for, if this is the case, it must be held that an action should not be brought against him.