[PAULUS libro trigesimo secundo ad edictum. ] §17.1.26.prInter causas omittendi mandati etiam mors mandatoris est: nam mandatum soluitur morte.
[PAULUS in the thirty-second book on the Edict.] Among the causes for the termination of a mandate is also the death of the mandator: for a mandate is dissolved by death.
si tamen per ignorantiam impletum est, competere actionem utilitatis causa dicitur.
If, however, it is executed in ignorance of this, it is said that an action is available on grounds of utility.
Iulianus quoque scripsit mandatoris morte solui mandatum, sed obligationem aliquando durare.
Julian also wrote that a mandate is dissolved by the death of the mandator, but that the obligation sometimes continues.
§17.1.26.1Si quis debitori suo mandauerit, ut Titio solueret, et debitor mortuo eo, cum id ignoraret, soluerit, liberari eum oportet.
If someone mandates his debtor to pay Titius, and the debtor, after his death and being ignorant of it, pays, he ought to be released.
§17.1.26.2Abesse intellegitur pecunia fideiussori etiam si debitor ab eo delegatus sit creditori, licet is soluendo non fuerit, quia bonum nomen facit creditor, qui admittit debitorem delegatum.
Money is understood to be lost to a surety even if the debtor has been delegated by him to the creditor, although the debtor was not solvent; because a creditor who accepts a delegated debtor makes it a good debt.
§17.1.26.3Si is, qui fideiussori donare uult, creditorem eius habeat debitorem suum eumque liberauerit, continuo aget fideiussor mandati, quatenus nihil intersit, utrum nummos soluerit creditori an eum liberauerit.
If he who wishes to make a gift to a surety has the surety's creditor as his own debtor and has released him, the surety will immediately sue on the mandate, since it makes no difference whether he paid money to the creditor or released him.
§17.1.26.4Praeterea sciendum est non plus fideiussorem consequi debere mandati iudicio, quam quod soluerit.
Furthermore, it should be known that a surety ought not to recover more by the action of mandate than what he has paid.
§17.1.26.5Mandatu tuo fideiussi decem et procuratori creditoris solui: si uerus procurator fuit, statim mandati agam: quod si procurator non est, repetam ab eo.
By your mandate I became surety for ten and paid the creditor's procurator: if he was a true procurator, I shall immediately sue on the mandate; but if he is not a procurator, I shall recover it from him.
§17.1.26.6Non omnia, quae inpensurus non fuit mandator, imputabit, ueluti quod spoliatus sit a latronibus aut naufragio res amiserit uel languore suo suorumque adpraehensus quaedam erogauerit: nam haec magis casibus quam mandato imputari oportet.
The mandatary will not charge everything that the mandator would not have expended, as for instance, if he was despoiled by robbers, or lost property in a shipwreck, or expended something having been seized by his own illness or that of his household; for these ought to be charged to accidents rather than to the mandate.
§17.1.26.7Sed cum seruus, quem mandatu meo emeras, furtum tibi fecisset, Neratius ait mandati actione te consecuturum, ut seruus tibi noxae dedatur, si tamen sine culpa tua id acciderit: quod si ego scissem talem esse seruum nec praedixissem, ut possis praecauere, tunc quanti tua intersit, tantum tibi praestari oportet.
But when a slave whom you had bought by my mandate committed a theft against you, Neratius says that you will obtain by the action of mandate that the slave be surrendered to you for the damage, provided, however, this happened without your fault; but if I had known that the slave was such and had not forewarned you so that you could take precautions, then you ought to be paid as much as your interest is.
§17.1.26.8Faber mandatu amici sui emit seruum decem et fabricam docuit, deinde uendidit eum uiginti, quos mandati iudicio coactus est soluere: mox quasi homo non erat sanus, emptori damnatus est: Mela ait non praestaturum id ei mandatorem, nisi posteaquam emisset, sine dolo malo eius hoc uitium habere coeperit seruus.
A craftsman, by the mandate of his friend, bought a slave for ten and taught him his trade, then sold him for twenty, which he was compelled to pay by the judgment of mandate; soon after, on the ground that the slave was not healthy, he was condemned to the buyer: Mela says that the mandator will not make this good to him, unless after he bought him, and without his bad faith, the slave began to have this defect.
sed si iussu mandatoris eum docuerit, contra fore: tunc enim et mercedem et cibaria consecuturum, nisi si ut gratis doceret rogatus sit.
But if he taught him by the order of the mandator, it would be the contrary: for then he would also obtain both wages and food, unless he was asked to teach him for free.