[IDEM libro secundo ad Neratium. ] §3.5.18.prAdquin natura debitor fuit etiam si in peculio nihil habuit, et si postea habuit, sibi postea soluere debet in eodem actu perseuerans: sicut is, qui temporali actione tenebatur, etiam post tempus exactum negotiorum gestorum actione id praestare cogitur.
[THE SAME, On Neratius, book two] However, he was a natural debtor even if he had nothing in his peculium, and if he afterwards had something, he ought afterwards to pay himself, continuing in the same activity; just as one who was bound by a temporary action is compelled, even after the time has expired, to make it good in an action for business management.
§3.5.18.1Scaeuola noster ait putare se, quod Sabinus scribit debere a capite rationem reddendum sic intellegi, ut appareat, quid reliquum fuerit tunc, cum primum liber esse coeperit, non ut dolum aut culpam in seruitute admissam in obligationem reuocet: itaque si inueniatur uel malo more pecunia in seruitute erogata, liberabitur.
Our Scaevola says he thinks that what Sabinus writes, namely that an account must be rendered by the slave himself, is to be understood in such a way that it appears what was remaining at the exact time when he first began to be free, not so as to bring back into liability fraud or negligence committed during slavery; therefore, even if it is found that money was spent during slavery in an improper manner, he will be released.
§3.5.18.2Si libero homini, qui bona fide mihi seruiebat, mandem, ut aliquid agat, non fore cum eo mandati actionem Labeo ait, quia non libera uoluntate exsequitur rem sibi mandatam, sed quasi ex necessitate seruili: erit igitur negotiorum gestorum actio, quia et gerendi negotii mei habuerit affectionem et is fuit, quem obligare possem.
Labeo says that if I mandate a free man, who was serving me in good faith, to do something, there will be no action of mandate against him, because he does not execute the matter mandated to him with free will, but as if from a slave's necessity; therefore, there will be an action for business management, because he would have had the intention of managing my business, and he was someone whom I could bind.
§3.5.18.3Cum me absente negotia mea gereres, imprudens rem meam emisti et ignorans usucepisti: mihi negotiorum gestorum ut restituas obligatus non es.
When you were managing my affairs in my absence, you unknowingly bought my property and in ignorance acquired it by usucapion: you are not bound by the action for business management to restore it to me.
sed si, antequam usucapias, cognoscas rem meam esse, subicere debes aliquem, qui a te petat meo nomine, ut et mihi rem et tibi stipulationem euictionis committat: nec uideris dolum malum facere in hac subiectione: ideo enim hoc facere debes, ne actione negotiorum gestorum tenearis.
But if, before you acquire it by usucapion, you learn that the property is mine, you ought to substitute someone to claim it from you in my name, so that he may make over the property to me and the stipulation against eviction to you; and you are not deemed to act with fraud in this substitution: for you ought to do this precisely so that you may not be held by the action for business management.
§3.5.18.4Non tantum sortem, uerum etiam usuras ex pecunia aliena perceptas negotiorum gestorum iudicio praestabimus, uel etiam quas percipere potuimus.
We shall make good in the judgment for business management not only the principal, but also the interest received from another's money, or even that which we could have received.
contra quoque usuras, quas praestauimus uel quas ex nostra pecunia percipere potuimus quam in aliena negotia impendimus, seruabimus negotiorum gestorum iudicio.
On the other hand, we shall also recover in the judgment for business management the interest which we have paid, or which we could have received from our own money which we spent on another's business.
§3.5.18.5Dum apud hostes esset Titius, negotia eius administraui, postea reuersus est: negotiorum gestorum mihi actio competit, etiamsi eo tempore quo gerebantur dominum non habuerunt.
While Titius was in the hands of the enemy, I managed his affairs, and he afterwards returned: the action for business management is available to me, even if at the time they were managed the affairs had no master.