restricted access 4. FORMAL RELEASES
In lieu of an abstract, here is a brief excerpt of the content:

BOOK FORTY-SIX/FORMAI, RELEASES 235 105 PAUL,L,ex Falcidia, sole book: Our observation concerning the heir who should pay forthwith to the testator's surety what he pays even before entering upon the inheritance , should be taken with some allowance of time; he does not have to accept [the inheritance] with an [already full] purse. 106 GAIUS,Verbal Obligations, book 2: It is one thing that by right of stipulation, performance may be made to Titius and another that this could happen, subsequently, with my permission. For if there be one to whom, by virtue of the stipulation, payment may be made, it may be made despite my veto; but should I authorize such performance in a different manner, no valid performance will be made to [Titius] in the event that before performance, I state to the promisor that such performance is not to be made. 107 POMPONIUS, Introduction, book 2: A verbal obligation is resolved either naturally or at civil law; naturally, when, for example, performance is made or the thing, the object of the stipulation, ceases to exist without fault on the part of the promisor; at civil law, by a formal release or when the roles of promisor and stipulator vest in the same person. 108 PAUL,Handbook, book 2: Performance is rightly made to one who stipulated for after my death at my behest; such are the terms of the obligation. So also, even against my will, performance is lawfully made to him. But no valid performance is made to one to whom I directed my debtor to pay after my death, because the mandate is discharged by death. 4 FORMAL RELEASES 1 MODESTINUS, Rules, book 2: Formal release is release by mutual questioning whereby each obtains absolution from the same [legal]bond. 2 ULPIAN,Sabinus, book 24: A pupillus can be discharged by formal release even without his tutor's authority. 3 PAUL,Sabinz~s, book 4: He cannot be released via a procurator; nor can anyone release him by formal release without a mandate. 4 POMPONIUS, Sabinus, book 9: There can be no conditional formal release. 5 ULPIAN,Sabinus, book 34: A formal release made as from a certain date is of no consequence; for such release should effect discharge as does performance. 6 ULPIAN,Sabinus, book 47: Where several stipulations have been taken, should the debtor seek release thus: "Have you received what I promised you?" Then, assuming that it be clear what is intended, only that obligation is discharged by the formal release ; should that not be clear, there is release from all the stipulations. We must, though, remember that if I release one obligation when you have asked in respect of another, the formal release has no effect. 7 ULPIAN,Sabinus, book 50: A formal release can undoubtedly also be made in the following fashion: "Do you make acceptance of ten?" With the reply, "I do." 8 ULPIAN,Sabinz~s, book 48: It may be questioned whether an ineffective formal release may contain an effective pact. Unless there be a contrary intention in the matter, there is an inherent pact. Should someone say: "How could there not be consent?" "Why should it not?" Let us suppose that one making a formal release knows and is fully aware that he has made a release of no effect; who would doubt that there is no pact? For there would have been no intent to make such agreement. 1. A slave owned in common, just as he can stipulate for both his masters, so can he, on seeking release for one of his masters, obtain release in full for one of them; so thinks Octavenus BOOK FORTY-SIX/FORMAL RELEASES 235 105 PAUL, [,ex Falcidia, sole book: Our observation concerning the heir who should pay forthwith to the testator's surety what he pays even before entering upon the inheritance , should be taken with some allowance of time; he does not have to accept [the inheritance] with an [a.lready full] purse. 106 GAlUS, Verbal Obligations, book 2: It is one thing that by right of stipulation, performance may be made to Titius and another that this could happen, subsequently, with my permission. For if there be one to whom, by virtue of the stipulation, payment may be made, it may be made despite my veto; but should I authorize such performance in a different manner, no valid performance will be made to [Titius] in the event that before performance, I state...


pdf