# The Institutes of Gaius 4.1.108-109

Roman Law and Society, The Institutes of Gaius, 4.1.108 to 4.1.109. Latin.

Canonical: https://interlinea.aeterna-institute.org/library/latin/roman-law-and-society/the-institutes-of-gaius/4.1.108

From this it is apparent that if all of the ten sesterces were employed for the benefit of your property, Titius can recover the entire ten; for, although there is but one action having reference to the peculium to recover what was used for the benefit of the property of the father, or the master, still, he has the right to two judgments; and, therefore, the judge before whom the action is brought, should investigate in the first place, whether the expenditure was made for the benefit of the property of the father, or master; and should not pass to the estimation of amount of the peculium , unless either nothing was understood to have been expended for the benefit of the property of the father, or master, or that not all of it was so employed; as, when the estimate is made of the amount of the peculium , that should previously be deducted which is due to the father or the master, by the son, or the slave who is under his control; and the remainder shall only be considered as peculium . Sometimes, however, the amount due by the son, or the slave, as aforesaid, is not deducted from the peculium ; for instance, if he who owes it himself forms a part of the said peculium . (74) But there is no doubt that either the Actio Exercitoria , or the Actio Institoria will lie in favor of anyone who has entered into a contract with a son or a slave, by the order of his father or master; and that he can bring the action of peculium , or that based on the employment of property for the benefit of another. No one, however, when he could undoubtedly obtain the whole amount of the debt by means of either of the above mentioned actions, would be so foolish as to take the trouble to prove that the party with whom he contracted had a peculium , and that his claim could be satisfied out of it; or that the money which he demanded had been employed for the benefit of the father, or master.

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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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