restricted access 2. THOSE WHO ADMIT THEIR LIABILITY
In lieu of an abstract, here is a brief excerpt of the content:

58 BOOK FORTY-TWOITHOSE WHO ADMIT THEIR LIABILITY barred, on the demurrer of the defendant, although the issue was decided between different parties, because the decision was made by his will in respect of the right which he held through the person taking proceedings. If, for instance, when I intervene in the matter, my freedman be adjudicated a slave or the freedman of someone else, that preempts the issue so far as I am concerned. The case is different if both Titius and I claim land from you, but I state that it does not belong to me through a title derived from Titius. In such a case, although I know that judgment went against Titius, I do not suffer any prejudice because my claim is not on the ground on which Titius was defeated and I was in no position to dissuade Titius from asserting his right, anymore than in the case of the co-heir earlier mentioned. 64 SCAEVOLA, Digest, book 25: A person condemned for unauthorized administration appealed, and the issue was protracted. The question was: Is interest due on the sum awarded against him for the intervening period, if the appeal be declared unsuccessful , by reason of the fact that the final decision has been delayed? The reply was that on the assertion put forward, an actio utilis will lie. THOSE WHO ADMIT THEIR LIABILITY 1 PAUL,Edict, book 56: One who admits liability is in the position of one against whom judgment is pronounced; for, in a way, he is condemned by his own decision. 2 ULPIAN,Edict, book 58: A person does not admit liability if he be in error, unless it be an error of law. 3 PAUL,Plautius, book 9: Julian says that one admitting liability to hand over a certain legacy is to be condemned, even though the legacy does not exist, and if it has ceased to exist, he is to be condemned for its value; for one admitting liability is regarded as if judgment had been pronounced against him. 4 PAUL,Plautius, book 15: If someone sued under the lex Aquilia admit that he killed the slave, he will be liable on his admission, even though he did not kill him, if the slave in fact has been killed. 5 ULPIAN,Edict, book 27: One who admits that he ought to give Stichus is to be condemned , whether Stichus be already dead or die after issue has been joined. 6 ULPIAN,All Seats o f Judgment, book 5: One who admits something specific is regarded as having been condemned, but not one who concedes a claim for the nonspecific . 1. If someone admit an unquantified liability or liability for a definite thing, say, "that he ought to give Stichus or land," it should be stressed that he admits the specific thing; so also, where someone admits a specific thing, its precise value should be stated. 2. If I should claim land as mine and you concede the claim, you will be treated as though it had been stated in a judgment that the land belongs to me. Again, when anyone is sued in any other action, civil or praetorian, or proceeded against by interdict, be it exhibitory, restitutory, or prohibitory, and admits liability, it may be said that following the tenor of a pronouncement of the deified Marcus, the praetor should treat him as condemned in respect of all of whatever he has admitted. And so, where in actions time is granted for the restoration of a thing, the same time will be allowed to the person admitting liability, and if he does not deliver it up, an assessment of its value will be made. 3. Now if a person admit his liability in the absence of his opponent, it is a matter for consideration whether he should or should not be treated as if judgment had gone against him because one who swears in respect of workdays due from a freedman is not bound nor one condemned to a person not present . It is certainly sufficient that in such cases, a procurator, tutor, or curator be present. 4. But whether it meet the case that the actual procurator, tutor, or curator make the admission is a matter for consideration. I do not think it sufficient. 5. In respect of a pz~pillus, we require the auctoritas of his tutor. 6. We treat the admitting 58 BOOK FORTY-TWO/THOSE WI-IO ADl\1IT THEIR LIABILITY barred, on the...


pdf