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

or by greater force, or by accident, and finally through his own fault, the item brought in is made.
Concerning the action of pledge. 24. A creditor who has received a pledge is bound by the thing itself, and is held by the action of pledge to restore the thing (which he accepted as a pledge) to the debtor. Here also it would have been necessary to speak of deposit, whose title is postponed to title 34 of this book.
Objections. It returns to the interrupted treatment of obligations descending from the acts of others and from contracts, namely whether one is bound or can be bound by the contract or act of another.
Concerning the action of institoria manager of a shop and exercitoria ship-operator. 25. These two actions are given for the whole amount. An institor is he who is placed in charge of businesses and a shop. A shop Latin: "taberna" is so named from tables, and it is the place in which things necessary for the use of men are sold, just as from the office Latin: "officium" comes the workshop Latin: "officina" in which artisans exercise their labors. Hence he is called an institor because he presses Latin: "instet" upon such businesses and is occupied in conducting them. An exercitor, however, is he who is called the one to whom the gain, revenues, and returns of a ship belong. Truly the master of a ship, to whom the anchor i.e., the command of the whole ship has been entrusted by the exercitor, is someone with whom we often contract due to the necessity of sailing, and likewise with institores due to the use of commerce, regardless of what their condition may be; and for this reason, if we have contracted anything with an institor or a ship's master, or one who has been placed in charge by the master, an action is given to us against him who placed the institor in charge of the shop, or the exercitor who placed the master in charge of the ship.
But if it shall be said that some business was conducted with one who is under the power of another, such as a father or master, the following actions are competent to us, or the action concerning the peculium a sum of money or property held by a subordinate. In ancient times, the peculium was a certain small part of a flock, for peculium is derived from pecus cattle, which fathers granted to their sons, and masters to their slaves, for the purpose of exercising industry. Now, however, it is a certain sum of money granted for the same cause and separated from the fatherly and masterly accounts, without whose order, or de in rem verso concerning that which has been turned into the property of another. 26. Therefore, if I have conducted any business with a son or slave without the will of their father or master, and nothing has been converted into the necessary things of the parent or master, an action concerning the peculium will be given to me against the father or master, so that I may obtain the debt from him only as far as the peculium allows. Neither, however, will be held to me beyond the limits of the peculium. But if anything has been converted into their property, they will be held to provide the whole amount by the action de in rem verso, but also an action in full will be given against them if I have contracted with their son or slave by their order. For as often as I contract in this way, I am seen to have followed their faith, and it can be claimed directly from them as if the business had been conducted principally with them.
Whether, as we can be bound through others, we can also bind others through the same.
Through which persons it is acquired for us. 27. Through ourselves, through those whom we have in our power, slaves held in usufruct, and those possessed by us in good faith, etc.
Contrary arguments or certain exceptions against obligations and claims, which weaken or diminish the obligations themselves.
Concerning the Senatus Consultum Macedonianum decree of the Senate concerning loans to sons. 28. By which one is prohibited from giving a loan to a son under family power, so that sons, burdened by foreign debt and money credited, which is most often consumed in luxuries, do not plot against the lives of their parents. Therefore, by the exception of this decree, both the son himself and his parent are defended against a creditor seeking a loan.
Concerning the Senatus Consultum Velleianum decree concerning women acting as surety. 29. By the exception of which a woman (and her heir) uses against a creditor to whom she has made herself a debtor for another. However, the heir of a woman is not helped by the Velleianum in certain cases.
Concerning money not counted. 30. It happens very often that written acknowledgments are given to creditors in the hope of a future counting of money (which, however, is not subsequently done). Therefore, as often as this happens, we can either claim the obligation or oppose an exception concerning money not counted.
Concerning compensations. 31. Which, when opposed, usually cause each person to obtain less than is owed to him, and it is in our interest rather that the debt be compensated than paid. Compensation is the contribution of a debt and a credit to one another. It has a place only in those obligations that consist of weight, number, and measure.
Acceptances or increments of obligations.
Concerning usury. 32. Terrestrial. Interest consists solely in a loan.
Concerning nautical interest. 33. Which is greater than terrestrial, due to the uncertain danger of the sea, which the creditor of the traiectitia pecunia money transported by sea takes upon himself.
Here it returns to another species of contract, which is perfected by the thing, of which he would have spoken more conveniently after the new title of this book.
Concerning deposit or the contrary. 34. He with whom a thing is deposited is bound by the thing, and is held by the action of deposit to restore the thing he accepted.