Ad edictum praetoris libri
Ex libro LXV
Ulpianus, On the Edict, Book LXV. Where a man has been appointed agent in a matter in which he is interested, his principal is not to be preferred in bringing the suit, or in collecting money; since he who has a right of action in his own behalf can properly attend to these matters.
Ulpianus, On the Edict, Book LXV. It must be remembered that grants of freedom made by a will take effect whenever there is a necessary heir, even though he should reject the estate; provided they were not made contrary to the Lex Ælia Sentia.
The Same, On the Edict, Book LXV. Creditors generally have the right to bring prætorian actions against freedmen under these circumstances.
Ulpianus, On the Edict, Book LXV. There is nothing extraordinary in the fact that anyone can transfer to another the ownership of property which he does not possess; for a creditor, by selling a pledge, transfers to the purchaser a title which he himself did not have.
Ulpianus, On the Edict, Book LXV. In the appointment of a curator, it is our practice to apply to the Prætor, in order that he may appoint one or more curators with the consent of the majority of the creditors, or to the Governor of the province, if the property is to be sold therein. 1Anything which may have been done or performed by the curator or curators appointed, that is, any acts or deeds, or any business which has been transacted, should be ratified. They are entitled to actions against others, and prætorian actions will lie against them. If the curators appoint anyone to bring a suit, or defend one, as the case may be, the security exacted from him with reference to the ratification of his acts, or the payment of the judgment, shall not be taken in the name of him whose property is sold, but in that of the curator himself, who appointed him. 2But where several curators are appointed, Celsus says that they must sue and be sued together, and not separately. If, however, the said curators are appointed for different districts, one, for instance, for property in Italy, and another for property in a province, I think that they will have control over their respective districts. 3The question arises whether a curator can be appointed against his will. Cassius says that no one can be compelled to become a curator of property against his consent, which is correct. Therefore, one must be found who is willing, unless imperative necessity exists; and the authority of the Emperor must be invoked for a curator to be appointed against his will. 4It is not absolutely essential that the person appointed curator should be a creditor; but those who are not creditors can be appointed. 5If there are three curators, and one of them did not transact any business relating to his office, can an action be granted against him? Cassius thinks that no restriction should be imposed upon a plaintiff under such circumstances, and that any one creditor, who desires to do so, can institute proceedings against him. I think that the opinion of Cassius is perfectly correct, and that what has been obtained from the estate, and not what has come into the hands of one of the curators, should be taken into consideration. This is our practice, unless the curator was appointed against his consent; for, if this is the case, it must be held that an action should not be brought against him.