Book contents
- Frontmatter
- PREFACE
- Contents
- ERRATA, ADDENDA, AND LIST OF ABBREVIATIONS
- LIST OF PRINCIPAL ABBREVIATIONS
- PART I CONDITION OF THE SLAVE
- PART II ENSLAVEMENT AND RELEASE FROM SLAVERY
- APPENDIX I The relation of the contractual actions adiectitiae qualitatis to the Theory of Representation
- APPENDIX II Formulation and Litis Consumptio in the actions adiectitiae qualitatis
- APPENDIX III Form used by Slave in acquisition by Mancipatio, etc.
- APPENDIX IV The essential character of Manumission: Iteratio
- APPENDIX V Manumission vindicta by a, filiusfamilias
- INDEX
APPENDIX I - The relation of the contractual actions adiectitiae qualitatis to the Theory of Representation
Published online by Cambridge University Press: 07 September 2010
- Frontmatter
- PREFACE
- Contents
- ERRATA, ADDENDA, AND LIST OF ABBREVIATIONS
- LIST OF PRINCIPAL ABBREVIATIONS
- PART I CONDITION OF THE SLAVE
- PART II ENSLAVEMENT AND RELEASE FROM SLAVERY
- APPENDIX I The relation of the contractual actions adiectitiae qualitatis to the Theory of Representation
- APPENDIX II Formulation and Litis Consumptio in the actions adiectitiae qualitatis
- APPENDIX III Form used by Slave in acquisition by Mancipatio, etc.
- APPENDIX IV The essential character of Manumission: Iteratio
- APPENDIX V Manumission vindicta by a, filiusfamilias
- INDEX
Summary
These praetorian actions appear to be a partial correction of what looks like a glaring injustice. By the civil law a dominus acquired freely through his slave, but was in no way liable on his transactions. Doubtless the injustice had not been so great as it might appear, for in earlier law the slave was not the important instrument of commerce he afterwards became. Moreover in sale to a slave the ownership did not pass till the price was paid, so that the vendor could recover the thing by vindicatio, while the dominus could not enforce the completion of an unfulfilled undertaking to the slave without tendering what was due. In fact a well-known analogous case suggests that the difficulty was the other way. When the lex Plaetoria allowed minors to set aside their agreements the result was that no one would deal with them. Here, also, this may well have been the real difficulty: if any commercial use was to be made of slaves, a remedy against the dominus was essential. So soon as these actions were evolved the slave became a much more useful person. He may be said to have fulfilled much the same function as the modern limited liability company. A person who has money to invest, and does not himself want to engage in trade, can invest his money in shares in such a concern. He runs a certain risk but he knows exactly how much he can lose.
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- The Roman Law of SlaveryThe Condition of the Slave in Private Law from Augustus to Justinian, pp. 702 - 705Publisher: Cambridge University PressPrint publication year: 2010