# The Institutes of Gaius 4.1.116-119

Roman Law and Society, The Institutes of Gaius, 4.1.116 to 4.1.119. Latin.

Canonical: https://interlinea.aeterna-institute.org/library/latin/roman-law-and-society/the-institutes-of-gaius/4.1.116

The authorities of the other school are of the opinion that as long as he is in my power, the action remains in suspense, for the reason that I cannot sue myself; but that when he is no longer subject to my authority the action is revived. (79) Moreover, when a son under paternal control is transferred by mancipation, on account of some wrongful act which he has committed, the authorities of the other school think that he should be sold three times, because it is provided by the Law of the Twelve Tables that a son cannot be released from the authority of his father unless he has been three times sold. Sabinus, Cassius, and the other authorities of our school, however, hold that one sale is sufficient, and that the three mentioned by the Law of the Twelve Tables only refer to voluntary sales. (80) So much with reference to those persons who are under the control of their fathers and masters whether the controversy relates to their contracts, or their crimes. But with reference to such persons as are in hand, or are liable to mancipation, the law is said to be that when an action founded on contract is brought against them, unless they are defended against the entire amount by the party to whose authority they are subject, any property which would be theirs, if they had not been under control, shall be sold. When, however, their forfeiture of civil rights having been rescinded, an action based on the judicial power of the magistrate is brought against them and is not defended, the woman herself can be sued, while she is in the hand of her husband, because, in this instance the authority of the guardian is not necessary. . . . [1] (81) What course then should be pursued? Although we stated that it was not permitted to surrender dead persons by way of reparation for the commission of a wrongful act; still, if anyone should surrender the body of such a person who had died, he will (be) legally released from liability.

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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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