6. THAT THE PROPERTY OF A PUPILLUS OR A YOUTH BE INTACT
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240 BOOK FORTY-SIX/PROPERTY O F YOUTH 10 ULPIAN, Replies, book 1: His reply to Valerian was: A provincial governor first ordered security for a three-years' period and later for a longer term; since he subsequently wished to depart from the initial stipulation, a defense must be seen as appearing for those bound by the initial stipulation. 1 1 VENULEIUS, Actions, book 8: In the kind of stipulation which comprises a promise for "whatever the matter be worth," it is more advantageous to envisage a specific sum, since it is often difficult to establish what is the value and a trifling sum may be the consequence. THAT THE PROPERTY OF A PUPILLUS OR A YOUTH BE INTACT 1 PAUL,Edict, book 24: When security has been given that the property of a pupillus will be intact, action thereon becomes possible at the time that the action on tutelage becomes available. 2 ULPIAN, Edict, book 79: Should a pupillus be absent or unable to speak, his slave will stipulate for him; if he has no slave, one should be bought for him; should he have no means or the purchase be protracted, we say that a public slave should stipulate before the praetor 3 ULPIAN, Edict, book 35: (or the praetor should appoint someone to whom the undertaking may be made) 4 ULPIAN, Edict, book 79: not that he acquires at law thereby for the pupillus (nor does he acquire himselo but he effects it that the pupillus acquires an actio utilis on the stipulation . 1. The undertaking to the pupillus by this stipulationis one of security. 2. It should be known that by such stipulation there are bound the tutor himself, one who administers affairs as though he were tutor, and their sureties. 3. One who does not administer will in no way be liable; for the action on tutelage does not lie against a nonadministrator; but he is to be proceeded against by an actio utilis; for it is at his own peril that he failed to act; nevertheless, neither he nor his sureties are suable by the action on the stipulation. Hence, he will have to be compelled to assume administration so that he too can be liable on the stipulation. 4. It is accepted that this stipulation becomes operative at the end of the tutelage and sureties become liable from that date. The case of a curator is different as also that of a person who conducts affairs as though he were tutor. These stipulations, then, become operative at the end of his tutelage, if a man has been a genuine tutor; if, though, he had administered as though he were tutor, it is appropriate to say that the stipulation becomes operative as soon as any thing ceases to be intact. 5. Let us consider whether the stipulation becomes operative, in the event of the tutor's being captured by the enemy. The relevant factor is that the tutelage is ended even though it may be hoped that he will regain it; I think that proceedings are possible. 6. It should be understood generally that in those cases, in which we have said that the action on tutelage does not lie, it must be said that equally an action on the stipulation that property be intact does not lie. 7. Where an appointed curator does not exercise his office, it followsthat one has to say that the stipulation does not become operative; but the same applies as what we have said of a tutor, except that the stipulation becomes enforceable as soon as something ceases to be intact and sureties become liable; but it returns on him. 8. Now this stipulation pertains to all curators, whether for those above or those below the age of puberty, who are appointed on the grounds of the infirmity of age [of those in their charge] and to those appointed for spendthrifts , lunatics, and some others [which can happen]. 5 PAUL,Edict, book 76: A son in the power of a lunatic who stipulates that [the lunatic's] property shall be intact acquires an obligation for his father. 6 GAIUS, Provincial Edict, book 27: It is necessary for the slave of a pupillus to stipulate when the pupillus is absent or unable to speak; for should the pupillus be both present and able to speak, then, even though he be of such age that he does not understand what he is doing, it is accepted for convenience that he...


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