3.1.193 to 3.1.196

(167a) The question arises whether the addition of the name of one the masters, or the order of one of them, produces the same effect. Our preceptors hold that he alone will acquire who gave the order, just as if the slave had expressly stipulated, or had accepted in mancipation for the single master who was expressly mentioned. The authorities of the other school think that the acquisition will be made by all, as if no order had been given. (168) An obligation is extinguished principally by the payment of what was due. Wherefore, the question arises that if anyone should pay something for another with the consent of his creditor, whether he would be released from liability by operation of law, and this opinion was held by our preceptors; or whether he remains bound by operation of law, but should defend himself by an exception on the ground of fraud against his creditor who brings the suit, which opinion was adopted by the authorities of the other school. (169) An obligation is also extinguished by means of a release. A release is, as it were, a fictitious payment, for if I owe you something under a verbal obligation and you are willing to discharge me from liability, this can be done by permitting me to question you as follows: "Have you received what I promised you?" And you reply, "I have received it." (170) In this manner, as we have already stated, only those obligations are discharged which have been contracted verbally, but no others; for it seems to be consistent that an obligation verbally contracted should be released by other words. Anything which is due for some other reason can be changed into a stipulation, and then be discharged by a release.