[Vocabularius utriusque iuris]

Or if an obligation arises from letters, about which a condition [arises] out of hatred for sloth, it is given against him who writes that he owes what was not numbered to him with the hope of a future numbering. But the numbering not having followed within two years, he does not recover the document. And it is introduced excluding the exception of money not numbered, since he is not at all compelled to pay what he wrote he owes. Or if an obligation arises from consent, such as purchase and sale, hiring and letting, for a partner, mandate, prescribed words, and the action on stated money. Also the action in factum on the facts concerning an oath. And about these actions, it will be clear in their own places according to the order. And these are the species of actions in personam which arise from contract, whether the obligation arises from the thing, words, letters, or consent. Concerning all of which, see Digest On actions and obligations, law 1 and 2, and Institutes On obligations which arise from contract and the following titles up to the title On obligations which arise from quasi-contract.

¶ Actions from quasi-contract are among the actions in personam, Institutes On actions, paragraph 1, with the notes there, which arise neither from pact nor from malfeasance, but yet they have greater proximity and affinity with pacts than with malfeasances, and these are, to wit: condition for an undue thing, condition by law of action.

¶ Action for management of business, tutelary guardianship, subsidiary, for dividing common property, for fixing boundaries, for partitioning an inheritance, petition for an inheritance direct and useful, possessory, fiduciary, and the action from a testament. Concerning all these, Digest On actions and obligations, law "On malfeasances", paragraph "If anyone" and the following, and paragraph "Following", and Institutes On obligations which arise from quasi-contract with the notes there.

¶ Action for the peculium private fund of a slave/son and by command, and for things turned to profit, tributary action action for a merchant's trade, institorial, exercitorial action against a shipowner, funerary, to produce, for timber joined. Action in factum concerning the thing and vindication, action for damage caused by an animal, interdict "Where better", "As you possess", interdict "Salvian", concerning which inquire in its place.

¶ Actions or obligations from malfeasance are actions in personam, Institutes On actions, paragraph 1, with the notes there. By which the crimes of men are restrained, which is in the public interest. Digest On the same,

law "If gold", paragraph at the end. Digest On the Aquilian law, law "It is wounded", with similar, such as the condition for a stolen thing. Action for trees cut secretly, action for theft, action for goods taken by force, action of the Aquilian law, action for injuries, for what is done out of fear, for deceit, action for corrupting a slave, action for hidden things, condition for a shameful cause, interdict "Whence by force", interdict "What by force or secretly", interdict for producing a free man, for leading away a wife, for exercising children. Interdict "Where are the legacies", interdict prohibiting that anything be done in a river, bank, or public penalty, nor on a public way, interdict concerning a private way and act, concerning all of which inquire below in their own place.

¶ Actions or obligations from quasi-malfeasance are actions in personam, Institutes On actions, paragraph "Which neither pertain to pacts nor to malfeasances, yet they are more similar to malfeasances than to pacts, such as the action in factum against a judge who made the lawsuit his own, and action in factum concerning things poured and thrown. And the action in factum concerning a thing placed or suspended where it matters. And the action in factum for deceit and theft of those who exercise the service of innkeepers, or stable-keepers, or a ship. Digest On obligations and actions, law "From malfeasances", paragraph "If the judge" up to the end, and Institutes On obligations which arise from quasi-malfeasance throughout.

¶ Exercitorial action, according to Azo in his summary of the same title, is given to those contracting with the master of a ship original: "magister navis" for the necessity of sailing, against the exercitor shipowner/operator of the ship whom the master of the ship presented, whom it was fair to hold just as one is held who presented an agent institor commercial agent of a tavern or business. Digest On the exercitorial action, law 1. Nor is the action given against the master of the ship but against him who presented the master of the ship in that cause for which he presented [him], be it express or tacit, as in the same law 1, paragraph "But not", and paragraph "Presented, therefore". There is, however, a master original: "magister" to whom the anchor and care of the whole ship is mandated, law of the same, paragraph "The master of the ship", who in vulgar Lombard and provincial [dialects] is called the comitus captain/master, and in Teutonic and Alemannic he is called styerman steersman/helmsman. Nor is it distinguished whether this master be free or a slave, greater or lesser. And it is imputed to himself that he presented him, as law 1, paragraph "Finally", paragraph "Whose however condition".