3 A stipulation by a slave belonging to joint owners enures to the
benefit of all of them in proportion to the shares in which they own
him, unless he stipulated at the bidding, or expressly in favour, of one
of them only, in which case that one alone is benefited. Where a jointly
owned slave stipulates for the transfer of property which cannot be
acquired for one of his two masters, the contract enures to the benefit
of the other only: for instance, where the stipulation is for the
transfer of a thing which already belongs to one of them.
TITLE XVIII. OF THE DIFFERENT KINDS OF STIPULATIONS
Stipulations are either judicial, praetorian, conventional, or common:
by the latter being meant those which are both praetorian and judicial.
1 Judicial stipulations are those which it is simply part of the judge's
duty to require; for instance, security against fraud, or for the
pursuit of a runaway slave, or (in default) for payment of his value.
2 Those are praetorian, which the praetor is bound to exact simply in
virtue of his magisterial functions; for instance, security against
apprehended damage, or for payment of legacies by an heir. Under
praetorian stipulations we must include also those directed by the
aedile, for these too are based upon jurisdiction.
3 Conventional stipulations are those which arise merely from the
agreement of the parties, apart from any direction of a judge or of the
praetor, and which one may almost say are of as many different kinds as
there are conceivable objects to a contract.
4 Common stipulations may be exemplified by that by which a guardian
gives security that his ward's property will not be squandered or
misappropriated, which he is sometimes required to enter into by the
praetor, and sometimes also by a judge when the matter cannot be managed
in any other way; or, again, we might take the stipulation by which an
agent promises that his acts shall be ratified by his principal.
TITLE XIX. OF INVALID STIPULATIONS
Anything, whether movable or immovable, which admits of private
ownership, may be made the object of a stipulation; 1 but if a man
stipulates for the delivery of a thing which either does not or cannot
exist, such as Stichus, who is dead but whom he though alive, or an
impossible creature, like a hippocentaur, the contract will be void.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account