# Institutes of Gaius 4.1.99-103

Roman Law and Society, Institutes of Gaius, 4.1.99 to 4.1.103. Latin.

Canonical: https://interlinea.aeterna-institute.org/library/latin/roman-law-and-society/institutes-of-gaius/4.1.99

(67) Deduction is also made of what will be due hereafter at a certain time, but set-off only takes place where the debt is already due. (68) Moreover, the amount of the set-off is inserted in the statement of the claim, the result of which is that if the banker demands in the set-off a single sesterce more than he is entitled to, he will lose his case, and therefore his property as well. The deduction, however, is inserted in the judgment, in which place the claimant does not run any risk, for demanding too much; especially when the purchaser of a bankrupt estate brings a suit in which, although he makes a claim for a certain amount of money, he, nevertheless, sets out an uncertain amount in the condemnation. (69) For the reason that we have previously mentioned the action brought against the peculium of sons under parental control and slaves, it is necessary for us to more clearly explain this, as well as the other actions, which are ordinarily brought against parents and masters, on account of their sons and slaves. (70) In the first place, if a transaction was entered into with a son or a slave, by order of his father or his master, the Prætor will grant an action for the entire amount against the father or the master; and this is proper, because anyone who enters into a transaction of this kind takes into consideration their responsibility rather than that of the son, or the slave. (71) For the same reason the Prætor grants two other actions, the Actio Exercitoria , and the Actio Institoria . The first will lie where the father or the master places his son or his slave in charge of a ship, and any business on this account is transacted by the party in charge. For whenever a debt has been contracted with the consent of the father or master, it appears to be perfectly just that an action for the entire amount should be granted against him. And even though a person appoints as the master of a ship either a slave belonging to another, or a freeman, the prætorian action will, nevertheless, be granted against him. This action is called " Exercitoria ," for the reason that the party who obtains the daily returns from the ship is called " Exercitor ."

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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.