1 If a slave enters into a contract at the bidding of his master, the
praetor allows the latter to be sued for the whole amount: for it is on
his credit that the other party relies in making the contract.
2 On the same principle the praetor grants two other actions, in which
the whole amount due may be sued for; that called exercitoria, to
recover the debt of a shipmaster, and that called institoria, to recover
the debt of a manager or factor. The former lies against a master
who has appointed a slave to be captain of a ship, to recover a debt
incurred by the slave in his character of captain, and it is called
exercitoria, because the person to whom the daily profits of a ship
belong is termed an exercitor. The latter lies against a man who has
appointed a slave to manage a shop or business, to recover any debt
incurred in that business; it is called institoria, because a person
appointed to manage a business is termed an institor. And these actions
are granted by the praetor even if the person whom one sets over a ship,
a shop, or any other business, be a free man or another man's slave,
because equity requires their application in these latter cases no less
than in the former.
3 Another action of the praetor's introduction is that called
tributoria. If a slave, with the knowledge of his master, devotes his
peculium to a trade or business, the rule which the praetor follows, in
respect of contracts made in the course of such trade or business, is
that the peculium so invested and its profits shall be divided between
the master, if anything is due to him, and the other creditors in the
ratio of their claims. The distribution of these assets is left to the
master, subject to this provision, that any creditor who complains of
having received less than his proper share can bring this action against
him for an account.
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