[PAULUS libro sexto ad legem Iuliam et Papiam. ] §34.3.29.prSi is, qui duos reos promittendi habet, damnauerit heredem, ut utrosque liberet, si alter ex his capere non possit nec socii sint, delegari debebit is qui nihil capit ei cui hoc commodum lege competit: cuius petitione utrumque accidit, ut et hoc commodum ad eum perueniat et is qui capit liberetur.
[PAULUS in the sixth book on the Lex Iulia et Papia.] If a person who has two joint debtors has ordered his heir to release both of them, and if one of them cannot take and they are not partners, the one who takes nothing must be delegated to the person to whom this benefit belongs by law; by whose claim both things happen: both that this benefit reaches him, and that the one who can take is released.
quod si socii sint, propter eum qui capax est et ille capit per consequentias liberato illo per acceptilationem: id enim eueniret, etiamsi solum capacem liberare iussus esset.
But if they are partners, on account of the one who is capable, he indeed takes, and through the consequence of that one being released by acceptilation, the other is also released; for this would happen even if the heir had been ordered to release only the capable one.