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oves ou a commission either sor his o n exclusive benefit, o sor his own and your together, o so that of some thim person, o sor his own and the thir person's, o so the inita person' and youm A commission give simpl so the salie of the agent oves se in reali Homo relation os agency, anda ordinglymo obligation comes into existence, and theresoreno actio A commission is give solet for the benefit faste principat when, o instance, in lalter instrucis o tomanam his bufiness, to hu him a plece of land o to enterint a stipulation a suret sor him. It is ove sor ou 2 benefit an so that Dyour principa togethe when he, sorinnance, commissions o to len money at interest to a person who borro scit sor our principia's benefit; or here, o mur Wishing to sue him a furet sor ome ne else, hecommission yo to sue his principes himsel undertakin alliisk o where, at his rish, o stipulate sor paymen stoma person homine substitutes sor himself as ou debior. It is 3 ve so the benefit os a thir person hen, sor instance, Some ne Commissions o to ook aster Titius assaim asgenerat agent, orno Myaltius asime os land o to go sum
so him. It is for the benefit of the principat an a thir 4
person hen, o instance, some ne instrucis o to ookaster assaim common to himself and Titius, o to buna estate
sor himself an Titius, o to go suret so them Ointly It is 5 so the benefit os murael an a thim person hen, sor in-Stance, Some ne instruct murio len money at interest to
Titius is it were to leno mone De of interest, it Wout beso the benefit of the thim personinly It is soraour benefit 6
Mone is sor instance, some ne commissions octo investyοur mone in the purchas os lan rather than to len it at interest, or vice veris. But such a Commission is no reatly somuch a commission in the ye os the lawas a mere piec os vice, an consequently Wil notinive is to an obligation, so the la holds no ne responsibi as on agen rior mere advice given, even is it turn out ill so the person advised,
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terest, o cannot sue that person by the actionis agenCy, although,our purchas o loan turn out a bad speculatiori an it has eve been questioned, o this principie, hether aman is Suablem agen ,ho commissions murio tendison to itius; ut in prevalent opinion is that os Sabinus, thalso specific a recommendation is sumcient to suppori an action, cause without it yo would neve have lent our morim to itius at all. Sorio instructions to commit an unlawsulo immora ac domo create a legat obligation asci Titius were to instigate o to steat, o toto an injury to the pro-Peri or personis Some ne else and even is yo actis his instructions an have to paria penalty in conSequenCe, mucannot recove it amount iso Titius. An agent ouot notrio exceed the term of his commission. Τhus, is some ne commission o to purchas an estate sorhim, but notrio excee in price of a hundred -rei, o to msuret sor Titius up to that amount, o ought no in either transaction to excee the sum specified sor themis muwil notis able to sue hi on in agency. Sabinus and Cassius even thought that in suc a case ou could no SuC-cesssully sue him even sor a hundre aurei though the leademo the opposite schoo dissere stom them, and the alter opinion is undoubtedlycles hareh. Is yo huy the estate sortess, ou Will have a right os actio against him, sor a directionto huna estate sor a hundred aurei is regameffas an impli directio totum is possibie so any Smalle Sum. The auctorit ove to an agent uinconstitute can heannulle is revocatio besore he commences is ac upon it 10 Similarly the deat os either in principalis the agent timsore the lalter commences to ac extinguishes the gerit's
authority; ut equit has soriar modifie this ut that is, aster in deat os a principat and without havin notice of
his decease, an agent executes his commission, he a Sue on
srom liabili , though by the strici letter of the law thenarenot discharged hecause the have noties the person hom
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then ere bound os . It is ope to everrione to decline 11 a commissionis agency but acceptance mustae sollowed by execution or is a prompt resignation in orde to enabi the principes to carenout his Pur se either personalty o by the minimentis mother agenti Untesmine resignation is madein suc time that the principalina attain his object without suffering any preiudice, an action,ill limat his suit, in desaultos proos by the agent that he could no resim besore, o thathis resignation, though inconvenient, Was justifiable. commissionis agency may be maderio tali effect rom 12 specifie future day, o may be subjecto a condition. Finalty it shout be observe that unles the agent' services 13are gratuitous, the relation etween him and the principal l notae agency proper but some ther kin os contract; sor is a remuneration is κω the contrac is ne of hiring. An generatin e mansay that in ali cases here, supposinga man' services are gratuitous, there Wout be a contractis
agen i deposit, there is hel to e a contractis hirin is
remuneration is agreedipon consequently, is,omove clothesto a suile to ciean o to finish, o to a tallor to mend without agreeing pon o promisin an remuneration, o Can besued by the action o agen .
O QUASI-CONTRACTUAL OBLIGΑΤΙΟΝS. Flavin enumerate the different hind of contracta, let usno examine hos obligations also hic domo originate, properly speaking, in contruci, but which, as thesdo not arisesrom a delici seem to e quasi-contractual. hus, is ne Iman has manam in busines os another during the lalter's absence, ac can sue the ther hy the actio on uncommissione agency the direct action ein avallabie to him Moses sines Was managed the contra ructio tolim homanam it. It is clea that these actions cannot properi besai in originate in a contract so thei peculiari cis that theysimoni where ne man has come omam an manam the sines of anothe without harin received an commission
into do, and that other is thereis lai unde a legat obliga-
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tio even thoughae knows nothingis inat has talien place. The reasonis this is the generat convenience Pothemise momemight be summone away is som sudde event ostr Sirigimportance, and without commissioning any one to look after an manam their aflaira, in result of whic Would e that during thei absence thos assaim, id he entirely neglecteo an os coursem one Wouldie lihelyrio atten to them is hewere to havem action sor the recoverno any utlawhe mi thave incurrerin sodoing. Conversely, as the uncommissiori agent, is his management i good, lays his principat unde a legat obligation sori aeris himself answerable to the lariersor an account of his management an hereini must sho that he has satisfied the highes standam os caresulness, sor tohave dispiam such caresuinem asi is Won to exemis in his own flair is no enough, i onina more diligent person 2 could have manam the usines berier. Guardians again, who an e sue by the actionis maestanshiP, Canno Pr perly be sal to un is contract so there is no ContraCt tween Dardian and ward hut thei obligation, ascit e inint cloes no originate in delici may be es t be quasi- contractual. In this caserio eac par has a remedWagiariSithe other: nolintnca the war in the Dardian directinon the mardianship but the mardian an also sue the war is the contra actionis the fame name, is he has either incurris any ouila in anaging the ward' property, or bound himself on his Galfi pledge his own propennas securi rior
jointly without Minypariners by having, sor instance, a joint questi gist made to them, an one os them is liable tolesue by the ther in a partitio fuit ecause he alone hastaken iis fruits orisecause the laintist has lai out moneyon it in necessar expenses here the defendant cannot Pr perly be sal tote bound by contract so there has been nocontruci ad belween the parties; ut as his obligation is no based on delici it ma be sal to e quasi-contractual. 4 The case is exactly the fame belween oin heirs, one of homi liable to e sue by the otheris one os these ground in 3 an actio sor partitionis the inheritance S to the obligationis an heirrio discharge legacies cannot properimbe callecl
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oωed is mi is mistake is thereis lai unde a quasi-contractua obligation an obligation indoed. hic is o sarsrom Min contractuat, that, logicalty it ma be sal to arisesrom the extinctio rather inan rom the ormationis a contractu sor When a mans sive money, intending thereis todischarge a dehi, his purpos is clearlyrio oos a bono byWhic heris atready bound notri hin himselsina res one. Stili, the person to hom moneycis thus palmis lai unde an obligation exactinacis he had ahen a lolin sor consumption, and theresore hecis liable to a condiction. Unde certain circumstances money,hichrismo owed, and whichris pia bymistahe, is notis overable the rule of the olde la ersinthis mini Ming that hereve a defendant' denia os his obligation is punishedis duplication os the damage to bere vered-as in actions unde therae Aquilia, an sor thermove is a lega e cannotae the mone hac on this ea. The olde la er however applied his ut onlyrio suta legacies os specific sum os money a Were give hyeondemnation ut by ur constitution is hich, have assimilate legacies an trusi equesta, e have made his duplicationis damagesin deniat an incident os ali actions sorthei recovery provide the legate or beneficia cis a church, orither holy place honoured sor iis devotion to religion and
pie . Such legacies, althoughiatd whenio due cannot be
and children. hat is acquired by the contracts of yo
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flaves hecomes WhollyFourari ut in acquisitions os childreni mur po e by obligations musti divide on the principieos ownershiman usustuc lai down iniur constitution thatis to say, os the materia resulta os an actio brought o an obligatio made in savour os a so the lacter hal have theususruci, though the wnemhimis reserve to the son himself: provided, of courae, that in actio is brought by the father, in
accordance with the distinctio drawn in ur recent constitu- tion. Freemen also, and the flaves of another person acquire
the delivernos properint himself, in hic caseine acquiressor him alone os in the stipulation do ou promiserio Conu to Titius m master λ' Is it was by the directio os one os his Oint wners only that he niere into a stipulation the effect was formerly doubted ut no it has been setile Dour decision that ascis salo ab exunde suc circumstances heacquires sortiminin ho gavelim in order.
o THE MODES IN HIC OBLIGATION ARE DISCHARGED. An obligation is always extinguished by performanCe os What s wed, o by performance of somethin eis With the creditor' assent. It is immateria hom ho the perso ance proceeds-be it the deblor himself, o sommone eis onhis behais sori persormance by a thim person the detitor is released, hether he now of iti not an even when it is against his ili. ersormance by the deblor rele es, besides himself, his sureties, an conversely performance by a Sure 1 rele es, besides himself the principat debior Acceptilatio isanother mode os extinguishin an obligation, an is, in iis nature, an acknowledgmen os a fictilious performance Forinstance, is somethiniis clue to Titius unde a verbal contrach
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NTLES XXVII XXIX. - 159andae Wishes to rete erit, it canae done is his allowing the deblor is as that whic I promise thee hast thou received' 'andi his replyinc Phave received it. An acceptilation cania made in Greek, provide in sorm corresponds to that of the Latin ordS, as ἔχεις λαβὼν δηνάρια τοσα θω λαβών his
stipulation, and then rete ed by an imaginary verbal paymentor acceptilation Sorio as a debl ca be lawsullydischargedin part so acceptilation may be madet part only stipula 2tion has been invented commoni calle Aquilian, by whichan obligationis an hind whalaoeve cante clothed in stipulatio sorm and then extinguished by acceptilation sor hythis proces an hind os obligatio ma be novated. disterms, a sentem, Gallus Aquilius, areas sollo hatever,
oWn-as the value os ac an ali os these claim Aulus Agerius stipulate so the payment of suc an such a sum. an paymen was formalty promise by umerius Negidius Then conversely, Numerius egidius asked Aulus Agerius, hast thou received the wholeis hales have to-daTengaged, by the Aquilia stipulation, o pay theep to hic Aulus Agerius replied 'Phave it, an account it received. Novation ais nother mode os extinguishin an obligation, and aves place when ouis e Seius a sum, an he Stipulate sors ment thereos Dom Titius Mor the intervention os a ne sersongrue hirino a ne obligation, and therars obligation is transforme into the second, and ceases to exist Sometimes indee themrst stipulation is avoide by novation even thoughthe secon is os no effect for instance, i Dum e Titius a sum, an he stipulates sor payment thereos Domin pupil Without his mardian's authori , he loses his claim altogether, sor
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I6 BOOx LIT, TUTE XXIX. mu the origina deblor, are discharged, and the secon obligation is unensorce te. The sam does no hol is onestipulate Domin flave so the the forme deblor continues undis fuit asci one had stipulate Domno ne Butwhen in original dehior is the promisor, a secondistipulation
produces a novation onlycis it contain somethin neW- is a condition sor instance, or a term oro ure te added, orta n a a though, supposing the addition os a condition, we musti undemtoo to mea that a novation is producedoni is the condition is accomptished is it fatis, in prior
obligation continues in orce Among the olde la era it Was an stablished rute, that a novation as effecte onlywhen it was it that intentio that in parti intered into
the secon obligation; ut a this stili test it douessul, nthe intention was present and when absent, Various resumP-tions ere established a to the matteri different persons indifferent cases. e therefore issue our constitution enact-ing mos clearly that o novation hal inis placerantes thecontractin partim expressi state thei intention to e theextinctioni in prior obligation, and that in elauit os suta statement the rs obligation hali subsist, an have thesecon also adde to it in resultaeing two obligations restinxeacmon ita own independent ground as is rescribe hyine constitution, an a canis more suli ascenaine by Perusing the fame. Oreover, hos obligations hic are contracte is consent alone re dissolve by a contraryagreement. For instance, is itius an Seius agre that thetauerishali una estate a Tusculum oris hundred Nisi, and the hesore execution o etther side bysament of thephice or deliverno the estate thenarrange to abando thesiae, thenare both rele ecl. The case is the fame with hireand the oster contracta hic are formed is consent alone.
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Will appea belowhso much specific kind of thesi as actionablecircumstances connected wit thest. A thies detecte in the commission is termed by the Greelis ἐπ αυτocμ- in his hinclis include notisnt he who is actualty caugh in the ac os thest, but also he who is detecte in the place here the inest
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16 BOOx IV. cauot while stili in the olive gaesen or in ard. An the definition os thes detecte in the commissio must he evenlarther extended so acto include in thies hocis cauot oreve seen with in stolen mod stili in his hands, whether the place be publicis private, and whether the person in semor catches him e the wner of the proper , or ome third person provide heias notoet escape to the place Where Mintende to tali and deposit his booty sor is heinc esca sinere, it is not thest detecte in the commission even is Maefound with in stole good upon him. What is simple inestis clear rom ha has been aid that is to say, it is es inest whichrismo detecte in the commission Τhe offenceis dis-
searche in the presence of wimesses, and the Stolen pro nyis ound thereona his mahes hi liable even though innocent of thest, to a specia actio sor receivin stolen m s. o introduce stolen mod icto pas them orto a man, o Whose premises h rure discovered, provide this be done it the intent that thenshallie discoveredin his premises rather inanominose of the introducer The mamon hos premises theyare ound mansue the alter, though innocentis inest, in anactio so the introductionis stole go A. There is also an actio sor refusal of search, avail te against him ho prevenisanothe who wishes o look in the presenc os Witnesse sorstolen proper and finalty by the actio sor non-productiono stole goods, a penalty is imposed by the praetor' edicton him ho has alle to produce stolen properiri hic issearche sor an Mundi his premis . ut the last namedactions, amely thos sor receivin stolen mods, sor introducing them, sor resusa os fearch, an sor non-Production, have nosi come obsolet: so the seam so suc propertfisno longe made in the old ashion, and accordingi theseactions ent ut os use also It is obvious, o ever, that any one ho nowino receives an hides stolen proper 5 may be sue by the actio sor simple inest. The penalty sorthes detecte in the commission is Mur times the value, and sor simple inest twice the value, of the properi stolen, Whether in thies M a lave or a re Pereon. Thest is no confine to anying way the Properi os