DN. sacratissimi principis Justiniani PP. A. Juris enucleati ex omni vetere jure collecti Digestorum seu Pandectarum libri quinquaginta

or it is not returned.
On the action of pledge and the contrary action 7. l. 43. which we use when deceit is said to have been committed in a pledge. A pledge is strictly of movables, because "pledge" pignus is said to come from "fist" pugnus because it is handed over. There are two actions for it: the direct, which is given to the true owner or debtor, and the contrary, [given] to the creditor.

LIB. XIIII.

Of others, i.e., regarding conditions and actions available to us because of something given or managed with one who is subject to another, or as if they were.

On the action of the ship-owner exercitoria the action against a ship-owner, that is, against the ship-owner or master of the ship, by which he is held liable from the contract of the captain whom he placed over the ship, or of him whom the captain placed there. l. 1. 7.

On the Rhodian law concerning jettison 2. l. 10. which law wants loss incurred while a ship is struggling at sea to be repaired by the contribution of all (those whose interest it was that the jettison be made), and therefore passengers can sue the master of the ship and the owner from it.

On the action of the manager institoria the action against a business manager. 5. l. 20. against him who appointed someone for a business, shop, or trade; for he who contracts with a manager seems to follow the credit of the one by whom the manager was appointed. Therefore, as he who appoints wishes to feel the benefit of the service of the one he appointed, he should also feel the disadvantage from the same. It is granted to an heir and against heirs.
On the action of distribution tributoria the action for distributing assets 4. l. 12. if, with the knowledge of the master, I contracted with his slave to whom he had entrusted a small fund peculium, and I lent money, I shall share with that master as a creditor in that fund of the slave which will be distributed between us in proportion to the debt, and the master shall not obtain the entire debt from it, but I shall seek from him that it be distributed among us pro-rata. Hence it is called the distributive action.
On the business said to be managed with someone who is in another’s power 5. l. 8. whether he be free or a slave, an action is given against the master or father regarding the fund, and regarding the reversion of assets in rem verso, as will be said below, and regarding that which was done by command.

On the SC. Macedonianum, 6. l. 22. by which a loan given to a son in the family and to one who is in the power of a father cannot be demanded back by the creditor.

LIB. XV.

On the fund peculium. l. 1. 69. and its action which is available to me when contracting with your slave or son having a fund, you being the father or master, knowingly or unknowingly, by which action you are not held to me beyond the capacity of the fund, from which I can claim nothing above.

When the exception regarding the fund is annual 2. l. 4.

On the reversion of assets in rem verso 3. l. 25. if that which I lent to your slave or son appears to have turned into your property and benefit, you may be sued, even if both left nothing in the fund.
On that which was done by command 4. l. 5. which action is granted to those contracting with a son or slave, with the will of the father or master preceding or following.

LIB. XVI.

On the SC. Velleianum 1. l. 32. by which a demand is denied to me against a woman who in some way took upon herself the obligation of another.

Here it should have been said regarding innominate [contracts]: but because we do not wish to change the order of the titles, the reader will notice that the jurist has placed the innominate contracts in book XXIX.
On compensations 2. l. 34. Compensation is the exception to a demanded credit.
On things lent for safe-keeping.
On deposit or the contrary 3. l. 34. Two actions of deposit are available: the direct, to him who deposited; the contrary, by which he with whom the thing was deposited sues to recover useful expenses which he made on the deposited thing. Sequestration is related to deposit.

LIB. XVII.

By consent: which contracts do not require the intervention of a thing like the above.
On mandate or the contrary 1. l. 62.
On partnership 2. l. 85.

LIB. XVIII.

On contracting a sale and on the agreement composed between buyer and seller, and which things cannot be sold 1. l. 61.
On the sale subject to a condition in diem addictio adjudication within a day 2. l. 23. by which a thing in an auction becomes the buyer's, unless someone adds more to the price within a certain day.
On the forfeiture clause lex commissoria a conditional agreement where the sale is rescinded if the price is not paid 3. l. 8. by which, the price not being paid within a certain time, the thing should be considered unsold: so called because he who commits [a breach of] this law commits [the rescission of] the entire sale.
On the sale of an inheritance or an action 4. l. 25.
On the rescission of a sale and when it is permitted to withdraw from a purchase 5. l. 10.
On the risk and benefit of the sold thing 5. l. 9.
On slaves to be exported, or if a slave has been sold with the condition that he be manumitted or the contrary 7. l. 10.

LIB. XIX.

On the actions of buying or selling 2. l. 57.
On letting and hiring 2. l. 65.
Innominate. This treatise is the second part of the division placed above, by which we said that contracts consisting of the intervention of a thing were either of strict law or of good faith. But of those of good faith, some were nominated, of which we have already spoken, and others innominate, of which mention is made here.
On the estimation action aestimatoria the action for the value of an item 3. l. 8. which is available to him who gave his thing to another to be sold at an estimated price, but not [an action] of purchase: even if mention is made of the price, it is not [an action] of hire: even if he seems to have hired the thing to be sold, it is not [an action] of mandate: in the defect of words for these actions, one must descend to that which is called an action on the facts præscriptis verbis actions with prescribed words, when the business is so ambiguous that I do not know to which species of contract it should be referred.