# Institutes of Gaius 4.1.104-107

Roman Law and Society, Institutes of Gaius, 4.1.104 to 4.1.107. Latin.

Canonical: https://interlinea.aeterna-institute.org/library/latin/roman-law-and-society/institutes-of-gaius/4.1.104

The Institorial Formula is employed when anyone places his son or slave, or the slave of another or a freeman, in charge of his shop, or of any kind of business whatsoever; and where the party placed in charge of the same contracts any debt which has reference to the said business. It is called " Institoria ," for the reason that the party placed in charge of a shop is called " Institor "; and this formula is made use of for the collection of the entire amount which is due. (72) In addition to these, the Actio Tributoria has been established against a father or a master, when his son or slave transacts some business with his peculium , with the knowledge of his father or his master. For if any contract having reference to said property should be made with either of them, the Prætor directs that whatever was invested in the said business, or any profits derived from the same, shall be distributed between the father or master, if anything is due to them, and among any other creditors, in proportion to their respective claims; and for the reason that he permits the distribution to be made to the father, or the master, if any creditor should complain of having received less than he was entitled to, he enables him to bring this action which is called " Tributoria ." (73) Moreover, the action De Peculio was introduced where any advantage accrued to the father, or the master; and although the business may have been transacted without the consent of either of them, still, whatever was expended for the benefit of their property should be paid in full; or if it was not expended for that purpose, payment should be made to the amount of the value of the peculium . It is supposed to have been expended for the benefit of the master's property if the slave should have disbursed anything necessarily for the advantage of his master; for instance, if he should pay borrowed money to his creditors; or should prop up buildings which are about to fall; or should purchase grain for his household; or should buy a tract of land, or any other property which it was necessary to acquire. Therefore, for example, if out of ten sesterces which your slave borrowed from Titius, he should pay five to your creditor, and should expend the remaining five in any way whatsoever, you ought to have judgment rendered against you for five, and for the other five to the amount of the peculium .

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Roman Law and Society, Institutes of Gaius. Text: The Latin Library (thelatinlibrary.com), used with permission. Changes: HTML markup removed and the text divided into reading sections by Interlinea.
License: Used with permission (https://www.thelatinlibrary.com/about.html). Source: http://thelatinlibrary.com/law/gaius.html.