# The Institutes of Gaius 3.1.187-192

Roman Law and Society, The Institutes of Gaius, 3.1.187 to 3.1.192. Latin.

Canonical: https://interlinea.aeterna-institute.org/library/latin/roman-law-and-society/the-institutes-of-gaius/3.1.187

(162) In conclusion, it must be remembered that when I give any material to be manufactured gratuitously, in which case, if I had fixed a price for the work performed, a contract for leasing and hiring would be made, an action of mandate will lie; for instance, when I give clothing to a fuller to be cleaned or pressed, or to a tailor to be repaired. (163) Having explained the different kinds of obligations which arise from contracts, we should observe that obligations can not only be acquired by us by what we do ourselves, but also through those persons who are subject to our authority, or are in our hand, or under our control by mancipation. (164) Obligations are also acquired by us through freemen, and the slaves of others of whom we have possession in good faith; but only in two instances, that is, where they acquire anything by their own labor, or by means of our property. (165) An obligation is also acquired by us in the two cases above mentioned through a slave in whom we have the usufruct. (166) Anyone, however, who has the mere quiritarian right in a slave, although he may be his owner, is still understood to have less right to what he may acquire than an usufructuary, or a bona fide possessor, for it is established that, under no circumstances, can the slave acquire anything for himself; and to such an extent is this the rule, that even if the slave should expressly stipulate for something to be given to him, or should accept something in mancipation, in his name, some authorities hold that nothing is acquired for him. (167) It is certain that a slave owned in common can acquire for his masters in proportion to their respective shares, except where by stipulating, or by accepting in mancipation expressly for one of them, he acquires for him alone. For example, if he should stipulate as follows: "Do you solemnly agree to pay to Titius, my master?" Or when he received by mancipation in the following manner: "I declare that this property belongs to my master Lucius Titius by quiritarian right, and let it be purchased for him with this piece of bronze and this bronze balance."

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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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