7. THAT A JUDGMENT BE PERFORMED
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BOOK FORTY-SIXIJIJDGMENT 241 7 MODESTINUS, Rules, book 6: An appointed or testamentary tutor or a curator does not claim security from a fellow guardian, but he can offer him the choice of receiving or giving security. 8 ULPIAN,Edict, book 2: And if a curator be appointed for a specificthing [or things], the stipulation that it [they] be intact will be taken. 9 POMPONIUS, Sabinus, book 15: When a pupillus stipulates from his tutor that his property be intact, not only tangible assets but also credits are comprised in the stipulation; for anything that comes within the action on tutelage is covered by the stipulation. 10 AFRICANUS, Questions, book 3: Should the tutor, on the reaching of puberty by the pupillus, be guilty of some delay in restoring his charge, it is certain that both he and his sureties will be liable for interim fruits and interest. 11 NERATIUS, Parchments, book 4:When an undertaking is given to a pupillus that his property shall be intact, the stipulation becomes operative, if there is not produced what should be given or effected under the tutelage; for even if the property be intact, it really is not, because what should be given or effected has not been performed. 12 PAPINIAN, Questions, book 12: When a tutor gives several sureties to his pupillus, he is not to be engaged, but an action is to be granted against one of them in such wise that rights of action shall be made over to the one who is sued. No one will think that there has been departure from right after it has been seen fit to condemn tutors in respect of their shares of the administration; and indeed in full, if the matter is not preserved by the others and relevant fault is uncovered, which will extend to make him suspect. For the equity of the arbiter and the duty of a good man are regarded as requiring that form of right. But sureties, liable in full at civil law, can ask that the action be divided when others bring proceedings; but when the pupillus himself brings the action, who did not himself contract but fell in with the tutor, knowing of nothing, the benefit of dividing the action would appear harmful in that, arising from the one tutelage, several varied questions would have to be settled before different judges. 7 THAT A JUDGMENT BE PERFORMED 1 PAUL,Edict, book 24: In the case of a stipulation that ajudgment will be performed, it becomes effective immediately, the decision has been given [in the action], but the demand for payment is deferred for the period granted to the principal debtor. 2 PAUL,Edict, book 71:The suit dying, there is no issue, and so it is settled that sureties are not liable on the stipulation that the judgment will be performed. 3 ULPIAN,Edict, book 77: Should a person about to go before some judge stipulate that the judgment be performed and his action in fact proceeds before a different judge, the stipulation is not enforceable, because the sureties did not submit themselves to the ruling of thisjudge. 1. A procurator, tutor, or curator can put the question in a stipulation that a judgment be performed. 2. We regard as a procurator one who has been given a mandate, whether he has accepted a mandate for this matter only or is in charge of all affairs; indeed, if what a man does be ratified, he is regarded as a procurator. 3. Now should some child or parent appear or a husband on his wife's behalf, persons from whom a mandate is not required, the question arises BOOK FORTY-SIX/ JUDGMENT 241 7 MODESTINUS, Rules, book 6: An appointed or testamentary tutor or a curator does not claim security from a fellow guardian, but he can offer him the choice of receiving or giving security. 8 ULPIAN, Edict, book 2: And if a curator be appointed for a specific thing [or things], the stipulation that it [they] be intact will be taken. 9 POMPONIUS, Sabinus, book 15: When a pupillus stipulates from his tutor that his property be intact, not only tangible assets but also credits are comprised in the stipulation; for anything that comes within the action on tutelage is covered by the stipulation. 10 AFRICANUS, Questions, book 3: Should the tut~r, on the reaching of puberty by the pupillus, be guilty of some delay in restoring his charge, it is certain...