elongs to the debtor.

7 Again, the Servian and quasi-Servian actions, the latter of which
is also called 'hypothecary,' are derived merely from the praetor's
jurisdiction. The Servian action is that by which a landlord sues
for his tenant's property, over which he has a right in the nature
of mortgage as security for his rent; the quasi-Servian is a similar
remedy, open to every pledgee or hypothecary creditor. So far then as
this action is concerned, there is no difference between a pledge and a
hypothec: and indeed whenever a debtor and a creditor agree that certain
property of the former shall be the latter's security for his debt, the
transaction is called a pledge or a hypothec indifferently. In other
points, however, there is a distinction between them; for the term
'pledge' is properly used only where possession of the property in
question is delivered to the creditor, especially if that property be
movable: while a hypothec is, strictly speaking, such a right created by
mere agreement without delivery of possession.

8 Besides these, there are also personal actions which the praetor has
introduced in virtue of his jurisdiction, for instance, that brought
to enforce payment of money already owed, and the action on a banker's
acceptance, which closely resembled it. By our constitution, however,
the first of these actions has been endowed with all the advantages
which belonged to the second, and the latter, as superfluous, has
therefore been deprived of all force and expunged from our legislation.
To the praetor is due also the action claiming an account of the
peculium of a slave or child in power, that in which the issue is
whether a plaintiff has made oath, and many others.

9 The action brought to enforce payment of money already owed is
the proper remedy against a person who, by a mere promise, without
stipulation, has engaged to discharge a debt due either from himself or
from some third party. If he has promised by stipulation, he is liable
by the civil law.

10 The action claiming an account of a peculium is a remedy introduced
by the praetor against a master or a father. By strict law, such persons
incur no liability on the contracts of their slaves or children in
power; yet it is only equitable that damages should still be recoverable
against them to the extent of the peculium, in which children in power
and slaves have a sort of property.

11 Again, if a plaintiff, on being challenged by the defend