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LIB. IX.
2 Noxal actions legal actions against a master for the wrongs of his slave or animal are personal, but assume the nature of real actions. They are granted neither from contract nor from crime, but rather arise from a matter involving things without any agreement, or from some lesser wrong that does not constitute a criminal trial. Thus, they are not based on contract like other actions, but are born from an act and some fault. They are granted to owners directly against [other] owners and pursue the damage caused.
LIB. X.
3 Mixed actions, both in rem and in personam, by which we seek the division of things.
† On the settling of boundaries (that is, a trial among neighbors, which is granted for fixing or determining boundaries) 1. l. 13.
On the division of an inheritance 2. l. 58. that is, a trial between co-heirs or similar persons.
4 Actions preparatory to claiming a thing.
On the production of a thing 4. l. 20. by this action we do not claim the thing itself, but we make and prepare for ourselves the way to its recovery.
LIB. XI.
On interrogations in court (i.e., by order) to be made, and actions of interrogation, which are given from a response just as from a confession: neither, however, is strictly an action 1. l. 23. Today this is not in use: for before a trial, no one is forced to answer regarding their own right.
On those matters for which one should go to the same judge 2. l. 2. that is, regarding those things which we have to divide with others.
On the corruption of a slave 3. l. 17. that is, regarding damage done to the spirit and character of slaves: for in the 8th title on the Aquilian law, we speak of damage done to their bodies. The jurist pursues trials that arise neither from a true contract nor from any notable crime.
On runaway slaves 4. l. 6. a slave is called a runaway who flees with no intention of returning; one who wanders is one who intends to return.
On the game of dice and gamblers 5. l. 4. a vice from which slaves especially suffer.
† A surveyor, that is, a boundary-marker, who has stated a false measurement 6. l. 7.
5 Edicts that pertain to religious things and things of divine law to be kept safe and in good repair.
On religious things, specifically, and on funeral expenses, and that it may be permitted to conduct a funeral 7. l. 46. by this action, he who has introduced a corpse into another's place is also held liable.
On the building of a monument for the dead 8. l. 5. and it is a prohibitory interdict, which contains within it the grounds of ownership.
THE THIRD [PART] ON THINGS, which are owed to us from contract, and the actions by which we seek and demand things owed to us, and which are available to us for exacting them. There are, however, various causes from which something is owed to us by contract.
LIB. XII.
Contracts consist of either:
The intervention of a thing, and these contracts are either:
Of strict law.
On things lent (i.e., if a certain thing is sought and on the demand for a loan, etc.) 1. l. 42.
On the oath, whether voluntary, necessary, or judicial 2. l. 42. An oath, according to Laberius, is a remedy and a plaster for debt. Voluntary is that which one party offers to another in court. Necessary is that which is referred back, so called because it must necessarily be performed. Judicial is that which is offered by the judge.
On the oath regarding a trial (i.e., the oath to be taken whenever it is either necessary or offered by the judge, by which the one who swears estimates the thing brought into court according to his own affection; by this estimation the defendant who contumaciously does not restore the thing is punished) 3. l. 11.
On the demand for a cause given (i.e., where the cause for which the thing was given did not follow) 4. l. 16.
On the demand for a shameful or unjust cause 5. l. 20.
On the demand for what is not owed, specifically, what was paid by mistake 6. l. 59. But he who pays what is not owed pays with the intent of dissolving a relationship rather than contracting one.
On the demand for what is given without cause 7. l. 1. of that which was given without any cause.
LIB. XIII.
On the demand for theft 1. l. 20. which is granted for reclaiming a thing taken by theft: for one can act against them with the penal action of theft and the claim for production.
On the demand by law 2. l. 1. which we use when an obligation or action is introduced by law, but it is not provided which type of action we should use.
On the demand for grain triticaria a grain-based contract 3. l. 4. others read "triticariam": through it are sought certain or uncertain things, and incorporeal ones: and in it the judge follows the text of the contract. It is called arbitrary because the judge estimates the requested thing according to his own discretion based on place and time, and that estimation covers all things except money, which estimates other things: it is so called because in the old formula of this demand, mention was made of wheat, because the one who first requested this action to be given to him perhaps had a case regarding the valuation of wheat: as Cujas noted here.
On that which ought to be given in a certain place, by demanding, specifically 4. l. 11. by this demand, that which ought to have been given in another place or at another time is sought, with mention made of the day and place where it should have been given, and thus nothing more is sought regarding place or time, and this was introduced so that the debtor would not mock the creditor.
On money promised 9. l. 31. by demand, specifically, whenever someone promises that they will pay me that which another owed.
Of good faith,
Nominated, which we use whenever a species is intended to be given, performed, restored, returned, and in another way, as if its ownership were not alienated as in the above. They proceed, however, from contracts:
Of our own,
Of loan for use (i.e., on the loan of a thing given for use, or by the contrary action) 6. l. 23. A loan for use is for the use of the thing, just as a loan for consumption mutuum is for the abuse of the thing. We use this action whenever something has been committed by deceit in the loaned thing, or it is not returned.