[ULPIANUS libro uicensimo nono ad edictum. ] §15.3.1.prSi hi qui in potestate aliena sunt nihil in peculio habent, uel habeant, non in solidum tamen, tenentur qui eos habent in potestate, si in rem eorum quod acceptum est conuersum sit, quasi cum ipsis potius contractum uideatur.
If those who are in the power of another have no peculium, or if they have it, yet not to the full amount of the debt, those who have them in their power are held liable, if what was received has been turned to their own advantage, as if the contract seemed to have been made rather with themselves.
§15.3.1.1Nec uidetur frustra de in rem uerso actio promissa, quasi sufficeret de peculio: rectissime enim Labeo dicit fieri posse, ut et in rem uersum sit et cesset de peculio actio.
Nor does the action on what has been turned to someone's account seem to have been promised in vain, as if the action on the peculium were sufficient; for Labeo most correctly says that it can happen that there has been a turning to account, and yet the action on the peculium is not available.
quid enim si dominus peculium ademit sine dolo malo? quid si morte serui exstinctum est peculium et annus utilis praeteriit? de in rem uerso namque actio perpetua est et locum habet, siue ademit sine dolo malo siue actio de peculio anno finita est.
For what if the master has taken away the peculium without malice? What if the peculium has been extinguished by the death of the slave, and the available year has elapsed? For the action on what has been turned to account is perpetual, and lies whether the master took away the peculium without malice, or the action on the peculium was barred by the lapse of a year.
§15.3.1.2Item si plures agant de peculio, proficere hoc ei, cuius pecunia in rem uersa est, debet, ut ipse uberiorem actionem habeat.
Likewise, if several persons bring an action on the peculium, this ought to benefit the one whose money was turned to the master's account, so that he himself may have a more advantageous action.
certe si praeuentum sit ab aliquo et actum de peculio, de in rem uerso actio an cesset, uidendum.
Certainly, if someone has anticipated others and brought an action on the peculium, it must be considered whether the action on what has been turned to account ceases.
et refert Pomponius Iulianum existimare de peculio actione peremi de in rem uerso actionem (quia in peculium conuersum est quod in domini rem erat uersum et pro seruo solutum est, quemadmodum si ipsi seruo a domino fuisset solutum), sed ita demum, si praestiterit ex actione de peculio dominus quod seruus in rem eius uerterat: ceterum si non praestiterit, manet actio de in rem uerso.
And Pomponius reports that Julian thinks that the action on what has been turned to account is extinguished by the action on the peculium (because what had been turned to the master's account was converted into the peculium and paid on behalf of the slave, just as if it had been paid to the slave himself by the master), but only if the master, as a result of the action on the peculium, has paid what the slave had turned to his account; otherwise, if he has not paid it, the action on what has been turned to account remains.