restricted access 2. A PLURALITY OF PARTIES
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BOOK FORTY-FIVE/PLURALITY OF PARTIES 191 told their stewards that there would be a stipulation on that day, and the promisor has asked his steward to pay, the stipulator is to accept, the sum in question. If so, the stipulation can be valid. 5. When I stipulate for "me or Titius," it is said that different things cannot be specified for the two of us, for example, "ten for me or a slave for Titius." But if the thing specified is paid to Titius, although the promisor is not legally discharged, he can protect himself by a defense. 6. Different times can be specified, for example, "me on the first of January or Titius on the first of February." Indeed, an earlier date for Titius is possible, for example, "me on the first of February or Titius on the first of January." In the latter case the stipulation is construed thus: "If you do not pay Titius on the first of January, do you promise to pay me on the first of February ?" 7. Again, I can stipulate for myself unconditionally or for Titius conditionally. But if it is for myself conditionally or for Titius unconditionally, the whole stipulation is invalid, unless the condition is fulfilled, because, unless the obligation has force as regards me, the addition is without force. This state of the law relates to the case in which it is clear that the added mention of Titius is unconditional. But if I stipulate, "if a ship comes from Africa, do you promise payment to me or Titius," the condition applies to the person of Titius as well. 8. From this it is clear that if two different conditions apply to me and Titius, and my condition is not fulfilled, the whole stipulation is ineffective; but if my condition is fulfilled and also that of Titius, payment can be made to Titius. If the condition of Titius is not fulfilled, it is as if his name had not been added. 9. From all this it follows that even when the third person's name is not properly added, the stipulation can take effect in the stipulator's own person. A PLURALITY OF PARTIES 1 MODESTINUS, Rules, book 2: The party who stipulates is called the stipulator and the party who promises is called the promisor. 2 JAVOLENUS, From Plautius, book 3: When two persons have either promised or stipulated for the same sum of money, they are by operation of law bound or entitled severally for the full amount; and so the whole obligation is extinguished by a legal claim by, or a formal release of, one of them. 3 ULPIAN,Sabinus, book 47: In the case of two co-promisors, there is no need tofear a novation; for although one answers first and the other becomes bound later on, it is logical to say that the original obligation continues and the later one is accessory to it; and it does not matter if they make their promises at the same time or separately, since the arrangement between them is that they should both become liable as copromisors , and there is no novation. 1. Where two persons have become liable as copromisors : the whole amount can be claimed from one of them alone; for it is a case of two being liable in such a way that each is bound for the whole amount and it can be claimed from either of them. There is no doubt that one can claim a portion of the debt from each, just as we can claim from the party liable and from his verbal guarantor. Certainly, where there is a single obligation, there is a single sum due, and so if one pays it, all are freed, or if payment has been made by one, the result is the extinction of the other's liability. 4 POMPONIUS, Sabinus, book a:Where the question put to two co-promisors is "do you promise" [plural], and they answer either "I promise" or "we promise," or where the question put to them is "do you promise" [singular], and they answer "we promise ," they are pi-sperly bound. BOOK FORTY-FIVE/PLURALITY OF PARTIES 191 told their stewards that there would be a stipulation on that day, and the promisor has asked his steward to pay, the stipulator is to accept, the sum in question. If so, the stipulation can be valid. 5. When I stipulate for "me or Titius," it is said that...


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