3.1.153 to 3.1.157

(133) A reasonable doubt has arisen as to whether aliens are bound by claims which have been entered on an account book; for an obligation of this kind is, to a certain extent, one contracted under the Civil Law, which was the opinion of Nerva. It was, however, held by Sabinus and Cassius that if the entry was made as from a thing to a person, aliens would also be liable; but if it was entered as from a person to a person, this would not be the case. (134) Moreover, an obligation by writing is considered to be created by written evidences of debt, or promises to pay; that is to say, where anyone states in writing that he owes a debt, or will make payment in such a way, of course, that a stipulation is not entered into on this account. This kind of obligation is peculiar to aliens. (135) Obligations are created by consent, in purchase and sale, leasing and hiring, partnership and agency. (136) Moreover, we say that obligations are contracted by consent in these different ways, because no form of words or writing is required, but it is sufficient for the parties to the transaction to have consented. Therefore, agreements of this kind can be entered into by persons who are absent, as for instance, by letter or by messenger; while, on the other hand, verbal obligations cannot be created between absent persons. (137) Likewise, in contracts of this description the parties are reciprocally liable, because each is liable to the other to perform what is proper and just; while, on the other hand, in the case of verbal obligations one party stipulates and the other promises; and in the entry of claims one party creates an obligation by doing so, and the other becomes liable.