3.1.147 to 3.1.152

(127) A further similarity exists between them in that, if the sureties should pay anything for the principal debtor, they will have a right to the action of mandate against him to recover it. Sponsors also, under the Lex Publilia are entitled to still another remedy, as they have a right to bring an action for double the amount, which is called the action to recover money expended. (128) An obligation contracted by writing is made, for instance, by the entry of claims on an account book. Entries of this description are of two kinds; either from a thing to a person, or from a person to a person. (129) The record from a thing to a person is made, for example, where what you owe me on account of a purchase, a lease, or a partnership, is entered upon my book as having been paid to you. (130) The record of a claim from a person to a person is made, for instance, when the amount that Titius owes me is charged to you on my book; that is to say as if Titius had substituted you for himself to me. (131) The case of those claims which are designated as cash is different, as the obligation for them has reference to the thing itself, and not to a charge in writing; although they are not valid unless the money has been actually paid; for the payment of money makes the obligation a legal one. For which reason we very properly say that the entry of a claim as cash does not constitute an obligation, but is merely evidence that the obligation has been contracted. (132) Hence, it is not proper to say that aliens are also bound by claims as cash, because their liability does not depend upon the entry of the claim, but upon the payment of the money; and this kind of an obligation belongs to the Law of Nations.