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NTAE LX. 43 person ther inan himself so the purpos os this in os obligation is to enabi person to acquire so themselves that Whereis the are profited an a stipulator is no profitedis the conveyance is to e made to a thim person. ence, is it he wishe to mali a stipulation in savour os any suchthir person, a penalty shouldie stipulate sor, to besaid indefauit os pers mance of that whic is in reality the objectis
the contraci, to the part who themis Would have nointerest in such persormance sor When ne stipulate sor apenalty it is no his interest in halcis the ea contractWhic is considered, ut only the amount' be sorseite tohim po non-sulfilmentis the conclition. So that a stipulatio sor conveyance to itius, ut made by ome ne else, is volo: ut the addition os a penalty in the sor. J youdo no convey, do ou promis to a me o many aurei 3 mahes it mod an actionabie. But Where the promise stipu- 20 lates in savour os a thir person, having himself an interest in the perso anceis in promise in stipulation is mod Forinnance, is a mardian, asterieginning to exercise his tutorialiunctions retires romthei exercise in savour os his sellowguardian, takin Domini is stipulatio securit so the due charge of the waes' proper , he has a sufficient interest in the persormance of this promis aecause the war could have sue hi in caseis maladministration, and theresore the obligation is bincling. Sorio a stipulation illi mo by whichone armin sor delivernto one' agent, or sor paymen toone' creditor, sor in the alter case ne a be so sar intereste in the paymen that, is it e no made, ne ill comedi te to a penalty orno havin a soreclosure os estates hic one has morigaged. Conversely, he who promise that 21 another hal cloiso an soris notiound unlessi promise a penalty in desauli and again a man cannot validinstipulate 22 stat proper ,hic Wil hereaster e his hali e conveyedio im becomes his own. Is in stipulator 23 and the promisor mean disserent things, there is no contractualobligation, but it is ustis is no answe had Men ad tome question sor instance, is ne stipulates rom o sor Stichus, and yo thin he means amphilus, Whos nam mu
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immora pur se a sor instance, to commit a sacrilege or homicide, is volo. 25 f. man stipulares sor perso anceis in sulfilmen os a condition, and dies besore such sulfilment, his heir ca sue onthe contract when it occum and the heir of the promisor an 26 be sueffunder the fame circumstances A stipulation sor a Con-Veyance this ear, o this month, cannot be sue um untii 27 the whole ear, o the whole monoe, has lapsed an similarly the promise cannot sue immediatelympo a stipulationsor in conu ance of an state or a lave, ut oni aster allowing a sussicient intervat so the conveyance tot male.
Ο FIDEIUSSORS OR URETIES. Vernosten other persons, calle fideiussors o fureties, are und so the promisor, ein talien is promisees as addi- tional securi . Such sureties may accompany any obligation, whether reat, verbal litera o consensual an it is immateria even whether the principat obligationae civi or naturat,so that a man may go uret so the obligation os a lave eithe to a strangeri to his master. A fidejussor is notinlyboun himself, ut his obligatio devolves also on his heir; and the contractis suret hi may be enterta into bescire no les than aster in creation os in principat obligation Isthere are severa fideiussors to the fame obligation, each os them howeve many thenare, is liable so the whole amount, and the creditor mansue hic verine chooses sor the whole; hut by the letteris Hadrianis may he compelle to sue soroni an aliquot pari, determine by the number os sumties
Who are solvent at the commencement of the action: so thatis one os them is insolvent at that time the liabili Os the restis proportionatet increased Thus, is one fidejussor pay the whole amount, he alone suffers by the insolvency of the principia debior; ut his is his own fauit, as e might have Halleclaimselsis the letteris Hadrian, an require that thexclaim shouldie reduce to his rate te portion. Fideiussors cannotae Mund sor more than thei principat so thei obligation is ut accessor to the alter's, and the accessory
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NTLES Lx XL 145 cannot contain more than in principat; ut the can be und sor less. hus, i the principat debio promise ten rei the fidejussor an et be bound sor sive, hut no viceperia an is the principat' promise is absolute, that of the fideiussor may be conditionat though a conditiona promiseeannot be absolutet maranteed sor more an les icto beundemtood of time a Weli asis quantity, immediat payment in regatae a more, an future pament acless. For the 6
jussor can sue the lalter by the actioni agency. A fideiussoram me taken in Greeli, hy using the expression τῆ ἐρῶ πίστει κελσω, λέγω, θέλω, or βοέλομαι an Φηριί illis talienos equivalent to λ6ω. It is to M observed that in the stipulationsio fidejussor in genera rule is that Whateve is state in Writ1ndito have been done is alien to have reatly been clone; and accordinglycit is setile la that is a man simihi namet a pape statin that he ecam a fidejussor, at formalities are presume to have been clui observed.
Formerinthere asinain os obligatio made by riling, an sal tot contracte by the ent is a debl in auedger;
but such entries have nowad sinone ut os use. Os Course, is a man states in ritin that he wes money hicli has neve been aid vero him, he cannot be allowed astera considerable intervat, to defen&himself by the plea that themon Masmo in iaci advince& so this is a potni,hic has frequently been setiled by imperia constitutions. The consequenc is that even a the present cla a person horis estoppe hominis pie is bound is his ritie signatur Which evenis courae here there is no stipulation is ground sor a condiction. The tength os time aster Whic this delancemul notis pletae was sormeri fixe by imperia constitutions at sive mare; ut it has been reduce is urconstitution in orde to save creditor Domin more extendedris of being defraude os thei money, so thatio it cannot
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OF BLIGATION B CONSENT. obligations contracte by mere consent are exemplifiω Sale, hire, pannerari an agen , whicli are calleo consensual contracta MCaus no Wriling, nor the presence of the parties, nor an cletivernis require t mali in obligatio actiora- able but the consent of the parties is sumcienti arties hoare no present together heresore an sorm these contractab letter, o instance, ori messenile and thenare in theis nature bilaterat, that is, both parties incurru reciproces obligation to persorm Whateve is ust an salsi herea verba cori- tracta are unitaterat, ne Parin in promisee, and the iner
Ο PURCHASE ΑΝ SALE. The contractis purchas an sale is complete immediate1Yth price is agreedipon, an eveniesore in price or a muChas an earnes moneycis aissi sor earnes moneycis meretumidenc os the completion os the contract. In res Ct of sales unatteste by any writte evidence this is a re onaMerule, an so sar a the are concerne we have made noinnovations By one o our constitutions hoWever have enacted thatio sale effecte by an agreement in riting Ahialbe goo or incling, unies that agreemen is initte by the contractin parties themselves, or is Writte by sommone eis
is a leas sis 'ed by them, o finalty is Writte is a notam, is dui drarunt hi and κecute by the parties. o longas an os these requirementa is unsatisfied there is momto retraci, an either purchaser o vendor may ithdm-srom the agreement Wit impunit provided that is oram, that no earnes has been iven. Where earnes has Merigiven, an either par refuse to persor the contruci, that par hether the agreementie in Writin or not, is purch exforseit What he has given, an is vendor is compelle to restore doubie hat he has received even though there has
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NNES XX XXTIT. 147 been no expres agreement in the matteris earnes money. It is necessary that in price hout be setiled sor ithout a Iprice there cante no purchas an sale, an it ought iste a fixe and certain price. For instance, here the parties
much dispute whether anythin else, suCMas a Stave, a Pieceos land or a robe, could e reate a price. Sabinus and Cassius hel the affirmative, explaining thus the common theory that exchange is a species, and the oldest species, spurchase and sale an in thei suppor they quote theclinesos Homer, hora scin a certain passage that the armnos the Greeta procure themselves in by giving the things inexchange, in actuat worcis Min a sollo then the long-haired Greeta bought themselves wine, some with bronge, Somemit inining iron, some with hides, som With live xen, some Mith flaves . hemine school maintaine the negative, and distinguishes Meen exchange on the one hand, and Purta eand salem themther: sor is an exchange were the fame thingas a sale, it wouldie impossibi is determine whic is the thingsold, and whic is the price, and both things cannot be regardeclinaeachis these characters. he opinion ho me ostroculus, Who affirme that exchange was a species os contractinpari byllaeis, and distinc hom sale, has deserveely prevalled, ascit is confirme by other lines sto Homer, an is stili more cogendi reasons, and this has Mem admitted by precedingΕmperors, an is sully state in ur Digesta in soon a thera
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contractis sale is concludω-that is, a We have said a monas in price is agree umn is in contractris no in Writin
the ining sol is immediatet at the ris of the purchaser, even though it has not et Me desivere to him. Accom- inely, is a flave dies, o is injure in an partis hic dy oris a Museris either totalino partialisburni clown or is asi eos lan is, lino partiallyra epi aWay by a rive flood, or
animal and the objecta hala veri The vendo ho everWillis bound to transse to the purchaser ali his right ofaction sor the recovery of the objecti damages, sor, not haringuet delivere it to the purchaser, he stili remain iis o ner, and the fame hold good of the penes actions ominest and on unlawsul clamam A sale may be made conditionalinas ellas absolutely. The sollowin is an example os a conditiones sale Is Stichus meet wit mur approva Mihi a certainxtime, he hali e purchase by yo foris many aurei I aman huys asi ei land whic is sacred religious, o Publi suin a a sorum o basilica, knowin it to e such, the pum chase is volo. ut is the vendor has fraudulently induceo iam in belleve that what he was Myin Was not acred, o WasPrivate proper , asci cannot legalty have What he contracted kr, he an bring the actioni pure serio remve clamagessor,hat he has tost by the fraues; and the fame ut applies to the purchas of a re man represente is the vendo to
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o LETTIN AND HIRING. The contractis hire resembles very closely the contractis sale, and the fame ulmi law appinio both. hus, a thecontractis sale is conclude a scio a the price is agreeriumn so the contractis hire is hel tot conclude a soonas the sum is besai so the hiriniis setiled, and rom that moment the letter has an actioni the letting, and the hireron the iring. What we have sat above acto a sale in 1Whic the price is test tote fixe is a thim person mustae underet clo applWalso to a contractis hire in hic theamount o M ai sor hire is est o be fixe in the fame
Way. Consequently i a manuive clostes to a fuller toclean or finish, o to a tallor to mend, and the amount of hireis no fixe at the time, ut est o subsequent agreement ,een the partim a contractis hire cannot properi besaid to have been concluded but an actio is give o the
circumstanCes, as amountincto an innominate contraci Again, 2 question osten arose in connection,ith in contractis hire simila to that which, is common, namely, Whether an X-change a a sale For instance, haesis the natur of the transactio is a manuives o the se or eri mentis athing, an receives in retur the se or e oymentis another
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or his heir, o any one eis to whom heis h1s heir has con- v e them is sale, gist, dowry, o in annother Way Whata ever. he questioning of the earlier la ers, some of homthought his in os contractis hiring, and thera a Sale, occasione the enaciment of the statute os Zeno, hic o termine that this contractis e Duusis, ascit is calleo, Waso a peculia nature, and should not be include unde either hirmor sale but should restin the term os the agreement ineac particular case so that is anything were agree u ribe een the parties, this hould in them exactinas i itwere inherent in the ver natur of the contruci; hile isthendi no agre expressinat whose is the land shoulclbe, it should he at that of the owner in case os tota destruction, an a that os the tenant, is the injury were merely partiat. An these rules e have adopte in ur legislation Again, is a goldsmit agrees to make Titius ring os a certain weight an patier out os his own old sor, say, te aurei it is a question whether the contractris purchas an sale o lettingand hiring. Cassius say the materia is bought an solo thela ur let an hired ut it is nossetile that there is oritu purchas an sale But is Titius provide the mld, and agree t pay him sor his orli, the contractris clearly a leuin and hiring. The hirer ought to observe at the term of the contrachan in the absenc os expres agreement his obligations shouldie ascerintne is reserence to What is sat an equi able. Where a man has ither giveni promista hire so theus os clothes, silver, o a Mast os humen, he is require in his charge oscit o ho rus much care a the mos diligentisther of a familWshows in his own affaire cis hesdo this, ancistit accidentali lose it, he willi unde no obligation to re- store either idior iis value Is the hire dies besore the times κω for the terminationis the contractias elapsed his heir succeed totis right an obligations in respectri reos
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NNES XXJ XXV. 15 Lners, when the Greeis calicit by the specia nam os κοινο- vasa, or is confine to a single sorti business, suo a thepurchas and sale os flaves, ii, wine or grain. fio expres 1 ag ement has Me made a to the divisionis the profit andi S, an equat divisionis both is understood o b intended, but is it has suc agreement ought tot carrie into effeci: and there has neve been an cloub acto the validi is aeontruci e ee two pariners that the ne hali ake twothitas of the profits and bear t--third of the loss, and that the remaining third shalli taken an borne respectivel by the other. Is Titius an Seius agreed that the forme inould 2 take two-third of the profits, an Marint one-thir of thelois, and that the latteris uid bear two-thim os the loss, andri ininone-thim os the profits, it has been made a question hester such an agmement oughi tote held valid. Quintus Μucius thought suc an arrangement contrar to the e natur os parinerinip and theresore nodito be supporte&: ut Servius Sulpicius, hos opinion has prevalled was os a disse en vie , hecause in services os a particula parine are ostenso valuiste that it is onlycius to admi him to the businesso more savourabie term than the est. It is certain that aparinershi may be forme o in term that ne parenershall contribute ali the capital, and that in profit shali edivide equalin sor a man' services are osten equivalent to capitat. Indeed the opinion os Quintusmucius is no sogeneralty rejected that it is admitte to e a vali contractitat a parier hali ake a hare of the profita, and ea nostare in the loss, hic inclee Servius, consistently ith his opinion, maintaine himself his os course must betaken to mea that i there is a profit on one transaction, anda lomin another, a balance shout be struch, an only the net profit e considere a profits It is quite clea that is therashares are expresse in ne event only, a sor instance in thementis profit butio in the event of loss, o vice versa the Same proportions musti observed in the eventis hic nomention has Me made, as in the other. The continuance os 4pannemhi depend omine continuin consent of the membersa it is dissolve by the renunciationis any one of them. But os course is the objectis a parine in renouncing the part-
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possession thereos e illi compelle to divide his minwit his parinersa hut what he gain undesigneclinaster With-drawin heaeeps to himself, an his parener alWays has the exclusive benefit os haleve accrues to him aster the renun-5 ciation Again a parinerinimis dissolve by the deat of a
Pariner so when a man enter into a contractis pareneriniΡ, he selecis as his parine a definite person Accordingim parinershi based on the agreement of even severat Perso
is dissolve by the deat os one of them even though severat
Mothemis agreed Sorio a parinershimsorme so the attain-ment of som particular objectris terminate&when that object is attained. It is clear to that a parinershimis dissolve hythe sorseitur os the properinos one of the pariners, sor Suchan ne ache is replace by a successor, is rectane civilly dead. o again, is one of the parinem is in suc embarrasseclcircumstances acto surrende ali his proper do his creditor an ali that he possesse is sol to satisf the public orprivate claim upon him, the parinershi is dissolveri, thoughis in member stili agre to e pariners, a ne sarinemhIPs Would seemo have egun. It has been douhte whetherone parine is answerable to anotherin the actionis pariner-shi sor any wron les than haud like in balle in a cleposit, o whether heris not suable also sor caretessness, that isto say, sor inattentio an negligence; ut the latis opinion has noW prevalled, with his limitation that a parener annot be require to satisf the ictes standar os caresuiness, provide that in partneralii businesthe shows a much diligenc as e cloes in his own private assairs the ream sorinis hein that, is a man hoose a his parine a caret Sperson, he has no oneri blamelut himself