in dealing with your property.
2 A usufructuary or usuary slave acquires under the same conditions for
him who has the usufruct or use.
3 It is settled law that a slave jointly owned acquires for all his
owners in the proportion of their property in him, unless he names one
exclusively in a stipulation, or in the delivery of property to himself,
in which case he acquires for him alone; as in the stipulation 'do you
promise to convey to Titius, my master?' If it was by the direction of
one of his joint owners only that he entered into a stipulation, the
effect was formerly doubted; but now it has been settled by our decision
that (as is said above) under such circumstances he acquires for him
only who gave him the order.
TITLE XXIX. OF THE MODES IN WHICH OBLIGATIONS ARE DISCHARGED
An obligation is always extinguished by performance of what is owed,
or by performance of something else with the creditor's assent. It is
immaterial from whom the performance proceeds--be it the debtor himself,
or some one else on his behalf: for on performance by a third person the
debtor is released, whether he knows of it or not, and even when it is
against his will. Performance by the debtor releases, besides himself,
his sureties, and conversely performance by a surety releases, besides
himself, the principal debtor.
1 Acceptilation is another mode of extinguishing an obligation, and
is, in its nature, an acknowledgement of a fictitious performance. For
instance, if something is due to Titius under a verbal contract, and he
wishes to release it, it can be done by his allowing the debtor to ask
'that which I promised thee has thou received?' and by his replying 'I
have received it.' An acceptilation can be made in Greek, provided the
form corresponds to that of the Latin words, as 'exeis labon denaria
tosa; exo labon.' This process, as we said, discharges only obligations
which arise from verbal contract, and no others, for it seemed only
natural that where words can bind words may also loose: but a debt due
from any other cause may be transformed into a debt by stipulation, and
then released by an imaginary verbal payment or acceptilation. So, too,
as a debt can be lawfully discharged in part, so acceptilation may be
made of part only.
2 A stipulation has been invented, commonly called Aquilian, by which
an obligation of any kind whatsoever can be clothed in stipulation form,
and then extinguished by acceptilation; for
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