# The Institutes of Gaius 3.1.125-130

Roman Law and Society, The Institutes of Gaius, 3.1.125 to 3.1.130. Latin.

Canonical: https://interlinea.aeterna-institute.org/library/latin/roman-law-and-society/the-institutes-of-gaius/3.1.125

(110) Although, as we have already stated, a party not subject to our authority cannot stipulate for us, we can associate another with us in the stipulation which we make, who also stipulates for the same thing, and who is commonly called a joint stipulator. (111) He, also, has a right of action as well as ourselves, and payment can be made to him as well as to us, but he can be compelled by the action of mandate to transfer to us anything which he may recover. (112) Again a joint stipulator can also make use of other words than those which we employ. Hence, for example, if I stipulate, as follows: "Do you solemnly agree to pay?" the joint stipulator may say, "Do you pledge your faith for the same?" or "Do you guarantee the same?" or vice versa . (113) Likewise, he may stipulate for less, but not for more, than the stipulator. Therefore, if I stipulate for ten sesterces, he can stipulate for five; but, on the other hand, he cannot stipulate for more. Moreover, if I stipulate absolutely, he can stipulate under a condition, but not vice versa . The term "more or less," is understood not only to refer to quantity, but also to time, for to make payment immediately is more, and to do so after a certain period is less. (114) To this rule there are certain exceptions, for the heir of a joint stipulator has no right of action. Likewise, the act of a slave as joint stipulator is void, although in all other cases he acquires property for his master by a stipulation. The better opinion is, that, the same rule applies to a slave in domestic servitude, because he occupies the place of a slave. Moreover, a son who is under the control of his father can act as a joint stipulator, but he does not acquire anything for his father; although, under all other circumstances, by stipulating he makes acquisitions for his benefit. Nor will he be entitled to any right of action unless he has been released from paternal control without the forfeiture of civil rights; as, for instance, by the death of his father, or because he himself has been installed a priest of Jupiter. We understand that the same rule applies to a daughter under the control of her father, and a woman in the hand of her husband.

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Roman Law and Society, The 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.
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