4.1.125 to 4.1.129

provided he attends to the business in good faith, and gives security that his principal will ratify his acts; although he to whom the mandate was given is generally required to furnish security, because the mandate is frequently concealed in the beginning of the proceedings and is afterwards disclosed in court. (85) We have stated in the First Commentary in what manner guardians and curators are appointed. (86) He who brings an action in the name of another makes the claim in the name of his principal, and mentions his own name in the condemnation. If, for instance, Lucius Titius brings suit for Publius Mævius, the formula is in the following words: "If it appears that Numerius Negidius should pay to Publius Mævius ten thousand sesterces, Judge, condemn Numerius Negidius to pay ten thousand sesterces to Lucius Titius, and if his indebtedness should not be established discharge him from liability." Again, in a real action, the claim is made that the property belongs to Publius Mævius by quiritarian right, and the representative is mentioned in the condemnation. (87) When anyone intervenes in behalf of the party against whom the action is brought, and the claim is made that "the principal should make payment," the condemnation is stated in the name of the representative of the party sued. In the case of a real action, however, the name of the party defendant is not mentioned in the claim, either when he appears in person, or by a representative; for the claim merely states that the property in question belongs to the plaintiff. (88) Let us now consider under what circumstances either the defendant or the plaintiff may be compelled to give security.