[IDEM libro quarto ex Minicio. ]
[THE SAME in the fourth book on Minicius.] A slave, without the knowledge of his master, had become surety for someone and had paid money on that account.
§46.1.19.prSeruus inscio domino pro quodam fideiusserat et eo nomine pecuniam soluerat: quaerebatur, dominus possetne ab eo, cui soluta esset, repetere.
The question arose whether the master could recover it from the person to whom it had been paid.
respondit: interest, quo nomine fideiusserit: nam si ex causa peculiari fideiussit, tunc id, quod ex peculio soluerit, repetere dominus non poterit, quod ex dominica causa soluerit, uindicabitur: si uero extra causam peculii fideiusserit, quod ex pecunia dominica soluerit, aeque uindicabitur, quod ex peculio, condici poterit.
He answered: it depends on what account he became surety; for if he became surety on the basis of his peculium, then the master cannot recover what the slave paid from the peculium, but what he paid from the master’s property will be recovered by vindication. If, however, he became surety outside the scope of his peculium, what he paid from the master’s money will likewise be recovered by vindication, and what he paid from the peculium can be recovered by condictio.