obligations of this kind each joint promisee is owed the whole sum,
and the whole sum can be claimed from each joint promisor; and yet
in both cases but one payment is due, so that if one joint promisee
receives the debt, or one joint promisor pays it, the obligation is
thereby extinguished for all, and all are thereby released from it.
2 Of two joint promisors one may be bound absolutely, while performance
by the other is postponed to a future day, or made to depend on a
condition; but such postponement or such condition in no way prevents
the stipulator from at once suing the one who was bound absolutely.
TITLE XVII. OF STIPULATIONS MADE BY SLAVES
From his master's legal capacity a slave derives ability to be promisee
in a stipulation. Thus, as an inheritance in most matters represents
the legal 'person' of the deceased, whatever a slave belonging to it
stipulates for, before the inheritance is accepted, he acquires for the
inheritance, and so for the person who subsequently becomes heir.
1 All that a slave acquires by a stipulation he acquires for his master
only, whether it was to that master, or himself, or his fellow slave, or
no one in particular that performance was to be made under the contract;
and the same principle applies to children in power, so far as they now
are instruments of acquisition for their father.
2 When, however, what is stipulated for is permission to do some
specific act, that permission cannot extend beyond the person of the
promisee: for instance, if a slave stipulates for permission to cross
the promisor's land, he cannot himself be denied passage, though his
master can.
3 A stipulation by a slave belonging to joint owners enures to the
benefit of all of them in proportion to the shares in which they own
him, unless he stipulated at the bidding, or expressly in favour, of one
of them only, in which case that one alone is benefited. Where a jointly
owned slave stipulates for the transfer of property which cannot be
acquired for one of his two masters, the contract enures to the benefit
of the other only: for instance, where the stipulation is for the
transfer of a thing which already belongs to one of them.
TITLE XVIII. OF THE DIFFERENT KINDS OF STIPULATIONS
Stipulations are either judicial, praetorian, conventional, or common:
by the latter being meant those which are both praetorian and judicial.
1 Judicial stipulations are those which it is simply part of t
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