4.1.110 to 4.1.111

(74a) Again, he who is entitled to bring the Actio Tributoria, can also bring the Actio de Peculio ,as well as the one for the recovery of money employed for the benefit of another: and it will generally be more advantageous for him to make use of this action than of the Actio Tributoria ,for in the latter only the account of the peculium is considered which the son, or the slave made use of in the business in which he was engaged, and the profits of the same; in the Actio de Peculio, however, the entire peculium is involved; and anyone may transact business with a third or a fourth of it, or even with a smaller portion, and have the greater part of his peculium otherwise invested. This is even more true, and he should certainly have recourse to this action if it can be proved that what the party who contracted with the son or the slave gave was used for the benefit of the father or the master; for, as we stated above, the same formula is employed both in the action having reference to the peculium ,and in the one to recover property used for the benefit of another. (75) Noxal actions are granted on account of offences committed by sons under paternal control, or by slaves; as, for instance, where they commit theft or injury; so that the father or master is permitted either to pay the damages assessed, or to surrender the culprit by way of reparation; for it would be unjust for the misconduct of a son or a slave to cause any loss to his parent, or his master, except by the forfeiture of the body of the son or the slave.