[Vocabularius utriusque iuris]

And if he prefers to suffer damage in the thing being paid rather than otherwise through loss original: "noxa" — legal liability for damage caused by a person under one's authority or by an animal given or otherwise [to see] this stand through him. And this is proven, Digest On the penalty for those who bring a suit they know to be false original: "si qua. pau. fe. di." - referencing "Si qua actio", law 1, in the same place. And noxa liability/harm signifies a crime, but the one committing it is called noxiosus harmful/guilty, Institutes On noxal actions original: "de nox. act.", gloss in the word noxa. And yet often one is taken for the other as it is there for the harm given.

¶ Action for a deposited or suspended thing where there is a public path, whose case can be harmful, is given against him who has that deposit or suspended thing under a protective roof which could have done harm, whose condemnation is 10 solidi. Digest On those who throw or pour out original: "de his qui deiecerint", law 1, in the truth, paragraph "The praetor says".

¶ Action regarding things poured or thrown is given against him from whose habitation or living space something has been poured or thrown onto a public path, from which damage has been given to some passerby, which must be restored in double. And if a free man perishes? let him say to the amount of fifty gold pieces; this action is given. But if a free man has been harmed, it is given as much as seems to the judge from good and equity, having calculated the expenses made and the works by which he will be uselessly deprived. Digest On the one who throws or pours out, law 1, in the beginning.

¶ Aedilitian action competes in many ways. And firstly, if a sold thing is returned because of a vice or disease, and yet the price is not restored by the seller to the buyer with actions and others which the Aediles prohibit. And in this case, it is perpetual. Regarding this it is held, Digest On the Aediles' edict, law "The Aediles", in the beginning, paragraph 1. Digest On rescission, law "This is known", paragraph "The response", and law "Redhibitory" in the same title. Secondly, it happens when the sale is made such that if the sold thing does not please, it may be returned, and then it is temporary up to 60 days, as in Digest On the same, law "But if he does not wish", paragraph "If anything so". Thirdly, it competes if the seller does not wish to hand over a slave, or a thing requiring mancipation, or a beast of burden with the ornament with which it was presented at the time of the sale, for the ornament itself, or that a return of the principal thing be made because of the accessories, and then it competes also up to 60 days. Digest On the same, law "The Aediles", in the beginning, paragraph "Of selling". Or it competes when in a place where there is a public path, someone keeps a dog, wolf, bear, boar, panther, lion, etc., or another animal that could do harm, whether it be tied or loose. Digest On the same, law "These", paragraph "Wherefore however to see". Regarding these, see Guilelmus in Speculum Mirror (legal treatise) in the treatise of the libel on buying and selling, paragraph "Now must be spoken".

¶ Action for surface rights actio de superficie action to recover usage of land/building competes in rem against the thing to him who has surface rights on foreign soil under the name of a lease, to recover the surface if he had possessed it. Digest On surface rights, law 1, paragraph "He who surface", at the end, paragraph "That for", paragraph "Fane".

¶ Action of purchase actio empti buyer's action competes to the buyer to recover what he had bought, in which comes the commodity that accrued. And if anything is comprehended in a special pact, it is sought in this action, for each one agrees for himself. Digest On the action of purchase, law "From the buyer", in the beginning. And Institutes On buying and selling, paragraph "But ours" at the end. The contrary to this is the action of sale actio venditi seller's action, which competes to the seller to seek the price and interest and usury at the time of delay, just as it was agreed or contracted between the parties. Regarding this it is held in law "Julian", paragraph "From the seller", in the same title, and On buying and selling, Institutes, in the paragraph "But ours".

¶ Action from stipulation actio ex stipulatu action arising from a contract arises when a stipulation is made about a thing certain in kind but uncertain in species, as in Institutes On the meaning of words, in the beginning. For if the thing were simply uncertain, the stipulation would not be valid. Digest On the same, law "So the stipulation", in the beginning. And a stipulation is conceived such as "Do you promise to give me a slave?" or "Do you promise that you will build a house?". And this action pertains to actions in personam against a person which arise from a contract of words, and they are collected. Digest On actions, law 1, paragraph 1, and law "Kinds of actions", paragraph "In personam", and Institutes On obligations, paragraph "If the thing", On actions, paragraph 1, and paragraph "For indeed with similar". And note that an action descending from a stipulation does not have the delay of a year, like the action for dowry. Code On the rights of wives, law 1, paragraph "The exacter". This Bartolus [notes] in law "If twelve", Digest On the meaning of words.

¶ Actions from contract, just as about actions in personam, Institutes On actions, paragraph "First", which arise from a pact, or whether the obligation arises from it, such as "I condict a certain thing", "I condict a certain amount". Condition for a cause, action of loan, of deposit, of pledge, about all of which will be spoken in their place. Or also an obligation arises from words, just as in the action from stipulation when a certain thing is deduced into the stipulations.