There may be two or more parties on either side in a stipulation, that
is to say, as promisors or promisees. Joint promises are so constituted
by the promisor answering, 'I promise,' after they have all first
asked the question; for instance, if after two promises have separately
stipulated from him, he answers, 'I promise to give so and so to each of
you.' But if he first promises to Titius, and then, on another's putting
the question to him, promises to him too, there will be two distinct
obligations, namely, one between him and each of the promisees, and they
are not considered joint promisees at all. The usual form to constitute
two or more joint promisors is as follows,--'Maevius, do you promise to
give five aurei? Seius, do you promise to give the same five aurei?' and
in answer they reply separately, 'I promise.'
1 In obligations of this kind each joint promisee is owed the whole sum,
and the whole sum can be claimed from each joint promisor; and yet
in both cases but one payment is due, so that if one joint promisee
receives the debt, or one joint promisor pays it, the obligation is
thereby extinguished for all, and all are thereby released from it.
2 Of two joint promisors one may be bound absolutely, while performance
by the other is postponed to a future day, or made to depend on a
condition; but such postponement or such condition in no way prevents
the stipulator from at once suing the one who was bound absolutely.
TITLE XVII. OF STIPULATIONS MADE BY SLAVES
From his master's legal capacity a slave derives ability to be promisee
in a stipulation. Thus, as an inheritance in most matters represents
the legal 'person' of the deceased, whatever a slave belonging to it
stipulates for, before the inheritance is accepted, he acquires for the
inheritance, and so for the person who subsequently becomes heir.
1 All that a slave acquires by a stipulation he acquires for his master
only, whether it was to that master, or himself, or his fellow slave, or
no one in particular that performance was to be made under the contract;
and the same principle applies to children in power, so far as they now
are instruments of acquisition for their father.
2 When, however, what is stipulated for is permission to do some
specific act, that permission cannot extend beyond the person of the
promisee: for instance, if a slave stipulates for permission to cross
the promisor's land, he cannot himself be denied passage, though his
master can.
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