[GAIUS libro tertio de uerborum obligationibus. ] §45.3.28.prSi ex re domini domino aut fructuario seruus stipulatus fuerit, domino quidem adquiri obligationem Iulianus scripsit, solui autem fructuario posse, quasi quolibet adiecto.
[GAIUS, from the third book on Verbal Obligations.] Julius wrote that if a slave stipulates for his master or a usufructuary from the property of his master, the obligation is indeed acquired for the master, but payment can be made to the usufructuary, just as if any other person had been added.
§45.3.28.1Si seruus communis ex re unius stipulatus erit, magis placuit utrique adquiri, sed eum, cuius ex re facta est stipulatio, cum socio communi diuidundo aut societatis iudicium de parte reciperanda recte acturum: idemque esse dicendum et si ex operis suis alteri ex dominis seruus adquirit.
If a common slave stipulates from the property of only one of his masters, it is the more accepted view that the acquisition is made for both, but that the master from whose property the stipulation was made can properly bring an action for the division of common property or an action of partnership against his partner to recover his share; and the same must be said if the slave acquires for one of his masters from his own labor.
§45.3.28.2Si ipsi domini singuli eadem decem seruo communi dari fuerint stipulati et semel responsum secutum fuerit, duo rei stipulandi erunt, cum placeat dominum seruo dari stipulari posse.
If the masters themselves individually stipulate for the same ten to be given to their common slave, and a single answer follows, they will be two joint creditors, since it is accepted that a master can stipulate for something to be given to his slave.
§45.3.28.3Sicuti uni nominatim stipulando ei soli adquirit, ita placet et si rem emat nomine unius ex dominis, ei soli seruum adquirere.
Just as by stipulating for one master by name he acquires for him alone, so it is accepted that if he purchases property in the name of one of his masters, the slave acquires for him alone.
item si credat pecuniam, ut uni ex dominis solueretur, uel quodlibet aliud negotium gerat, posse eum nominatim exprimere, ut uni ex dominis restituatur aut soluatur.
Likewise, if he lends money so that it should be paid to one of his masters, or performs any other business, he can expressly state by name that it should be restored or paid to one of his masters.
§45.3.28.4Illud quaesitum est, an heredi futuro seruus hereditarius stipulari possit.
The question was raised whether a slave belonging to an inheritance can stipulate for a future heir.
Proculus negauit, quia is eo tempore extraneus est.
Proculus denied this, because at that time the heir is a stranger.
Cassius respondit posse, quia qui postea heres extiterit, uideretur ex mortis tempore defuncto successisse: quae ratio illo argumento commendatur, quod heredis familia ex mortis tempore funesta facta intellegitur, licet post aliquod tempus heres extiterit: manifestum igitur est serui stipulationem ei adquiri.
Cassius replied that he can, because he who later becomes the heir is deemed to have succeeded to the deceased from the moment of death; which reasoning is supported by the argument that the family of the heir is understood to have become polluted by death from the moment of death, even if the heir appears after some time; it is therefore clear that the stipulation of the slave is acquired for him.