4.1.112 to 4.1.115

(76) Moreover, noxal actions were established either by law or by the Edict of the Prætor; by law, for instance, in the action of theft under the provision of the Twelve Tables; the action for wrongful damage by the Lex Aquilia ; the action for injury, and that for property taken with violence by the Edict of the Prætor. (77) All noxal actions follow the person of the culprit. Hence, if your son, or your slave commits a wrongful act while he is under your control, an action will lie against you; if he conies under the power of another, an action can be brought against the latter; if he becomes his own master, a direct action can be brought against him, and his surrender by way of reparation is extinguished. On the other hand, a direct action may become a noxal one; for if the head of a household commits a wrongful act and he gives himself in arrogation to you, or becomes your slave; what we stated in the First Commentary might happen in certain cases takes place; that is to say, a noxal action can be brought against you, when, formerly, a direct action would lie against the offender himself. (78) If, however, a son commits a wrongful act against his father, or a slave against his master, no right of action will arise; for no obligation can, under any circumstances, be created between me and one who is under my control. Hence, although he may pass under the control of another, or becomes his own master, an action will lie neither against himself, nor against the party under whose control he now is. Therefore, the question arises where the son or the slave of another commits a wrongful act against me, and subsequently is subjected to my authority; whether, on this account the action is extinguished, or remains in suspense. Our preceptors hold that it is extinguished, because conditions have become such that it cannot be brought; and, therefore, if the party should be freed from my control, I cannot bring suit.