ir and equitable. Where a man has either given or
promised for hire for the use of clothes, silver, or a beast of burden,
he is required in his charge of it to show as much care as the most
diligent father of a family shows in his own affairs; if he do this, and
still accidentally lose it, he will be under no obligation to restore
either it or its value.

6 If the hirer dies before the time fixed for the termination of the
contract has elapsed, his heir succeeds to his rights and obligations in
respect thereof.

TITLE XXV. OF PARTNERSHIP

A partnership either extends to all the goods of the partners, when the
Greeks call it by the special name of 'koinopraxia,' or is confined to
a single sort of business, such as the purchase and sale of slaves, oil,
wine, or grain.

1 If no express agreement has been made as to the division of the profit
and loss, an equal division of both is understood to be intended, but
if it has, such agreement ought to be carried into effect; and there
has never been any doubt as to the validity of a contract between two
partners that one shall take twothirds of the profit and bear twothirds
of the loss, and that the remaining third shall be taken and borne
respectively by the other.

2 If Titius and Seius agreed that the former should take twothirds of
the profits, and bear only onethird of the loss, and that the latter
should bear twothirds of the loss, and take only onethird of the
profits, it has been made a question whether such an agreement ought to
be held valid. Quintus Mucius thought such an arrangement contrary to
the very nature of partnership, and therefore not to be supported: but
Servius Sulpicius, whose opinion has prevailed, was of a different view,
because the services of a particular partner are often so valuable that
it is only just to admit him to the business on more favourable terms
than the rest. It is certain that a partnership may be formed on the
terms that one partner shall contribute all the capital, and that
the profits shall be divided equally, for a man's services are often
equivalent to capital. Indeed, the opinion of Quintus Mucius is now so
generally rejected, that it is admitted to be a valid contract that
a partner shall take a share of the profits, and bear no share in the
loss, which indeed Servius, consistently with his opinion, maintained
himself. This of course must be taken to mean that if there is a profit
on one transaction, and a loss on ano