Ad Sabinum libri
Ex libro XI
Paulus, On Sabinus, Book XI. Where, however, it was promised to produce a slave who is about to become free, he is held to be in the same condition, even though he may be free when he appears; because the attainment of his freedom was tacitly understood.
Paulus, On Sabinus, Book XI. He, however, who has acquired the right to make use of some new privilege is not held to appear in the same legal condition. 1It must be held that any estimate of the interest of the plaintiff should be calculated with reference to the time when he ought to have appeared, and not to that when proceedings were instituted; even though he may have ceased to have any interest in the question at issue.
Ad Dig. 17,1,20ROHGE, Bd. 24 (1879), Nr. 53, S. 200: Rechtsverhältniß zwischen Inkassomandatar und Mandanten, Auszahlung an einen Dritten für den Mandantar durch Gutschrift. Insolvenz des Empfängers.Paulus, On Sabinus, Book XI. Ad Dig. 17,1,20 pr.ROHGE, Bd. 10 (1874), S. 359: Der Einkaufsagent hat die ihm vom Verkäufer gewährte Extraprovision seinem Committenten in Rechnung zu stellen.He who has undertaken to carry out a mandate cannot profit to any extent on account of it; just as he ought not to suffer any loss if he could not collect money lent at interest. 1Ad Dig. 17,1,20,1ROHGE, Bd. 20 (1877), Nr. 17, S. 54: Einfluß der Anwesenheit des Geschäftsherrn bei der Geschäftsführung.An action on the ground of business transacted may be brought by a surety if he bound himself for a party who was absent, for an action on mandate will not lie when the mandate did not precede it.
Paulus, On Sabinus, Book XI. There is as much difference between these blemishes which the Greeks call “defectiveness” and disorders, or diseases, or illness, as there is between such corporeal imperfections and ailments which render a slave incapable of service.
Ulpianus, On Sabinus, Book XI. Where, however, a slave has been castrated in such a way that any part of his body required for the purpose of generation is absolutely absent, he is considered to be diseased.
Paulus, On Sabinus, Book XI. He who has lost a tooth is not diseased, for the greater portion of mankind have lost some teeth, and are not for that reason considered diseased, especially since we are born without teeth, and are not less sound on that account, until we have them; otherwise no old man would be considered healthy.
Paulus, On Sabinus, Book XI. A female slave who has her periods twice a month is not healthy. The same rule applies to one who has no such discharge, unless this is due to age.
Ad Dig. 21,1,47ROHGE, Bd. 11 (1874), Nr. 67, S. 202: Verlust der Redhibitionsbefugnis durch Veräußerung, Verbrauch, Verfügung über die gekaufte Sache.ROHGE, Bd. 16 (1875), Nr. 81, S. 321: Folgen der Verarbeitung bezw. Umgestaltung eines Theils der gekauften Waare mit erkennbarem Fehler bezüglich der Redhibitionsbefugnis.Paulus, On Sabinus, Book XI. If you manumit a slave whom you have purchased, Labeo says that you will neither be granted an action to return him, nor one to recover the amount of the excess of his value which you have paid; just as the right of action for double damages is extinguished. Therefore the right of action founded on something which has been represented or guaranteed will also be lost. 1Ad Dig. 21,1,47,1ROHGE, Bd. 10 (1874), S. 275: Actio redhibitoria. Zurückgabe der fehlerhaften Sache. Untergang derselben ohne Verschulden des Empfängers nach erklärtem Rücktritte.The actions arising from the Edict of the Ædiles continue to exist even after the death of the slave;
Paulus, On Sabinus, Book XI. As some persons have tunics and robes made of furs.
Paulus, On Sabinus, Book XI. Although there are certain articles of dress which are intended for embellishment rather than to cover the body, still, because they are designated by the name of clothing, they should be considered to belong to the category of garments, and not to that of ornaments. In like manner, it is well established that those articles should be classed as ornaments which women make use of to increase their beauty, and adorn themselves; and it makes no difference if some of these things are used for other purposes (as hoods and other headdresses), for although they protect the body, they are still considered to be ornaments rather than clothing.
Paulus, On Sabinus, Book XI. Notice served upon anyone of ordinary intelligence, for instance upon a laborer, will bind an infant or an insane person.
Paulus, On Sabinus, Book XI. He to whom payment can legally be made can also make a novation, except in the case where I stipulate for myself, or for Titius; for Titius cannot make a novation, although payment can be legally made to him.
Paulus, On Sabinus, Book XI. He is liable under the Julian Law relating to Balances who retains any public money destined for a certain use, and does not employ it for that purpose.