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Updated: May 20, 2025
The usual form to constitute two or more joint promisors is as follows, 'Maevius, do you promise to give five aurei? Seius, do you promise to give the same five aurei? and in answer they reply separately, 'I promise.
Vergilius followed to the deep atrium of the palace, where they stood alone. "You have one thing I desire, and I will pay you five thousand aurei to relinquish it five thousand aurei," the Jew whispered. "And what is it you would buy of me, noble prince?" "A mere plaything! A bouquet that will fade shortly and be flung aside. The thing happens to suit my fancy, and and I can afford it."
As an instance of stipulation in diem, as it is called where a future day is fixed for payment, we may take the following: 'Do you promise to give ten aurei on the first of March? In such a stipulation as this, an immediate debt is created, but it cannot be sued upon until the arrival of the day fixed for payment: and even on that very day an action cannot be brought, because the debtor ought to have the whole of it allowed to him for payment; for otherwise, unless the whole day on which payment was promised is past, it cannot be certain that default has been made.
I told thee that 'tis not a case of law here but one of mercy. This girl's mother has toiled for years to save enough money with which to buy the freedom of her child. She hath twenty aurei to command, and the girl is not worth much more than that. The State would have been satisfied, for my own purse would have made up the deficiency.
Hun Rhavas fortunately glanced down in her direction. He too no doubt saw the possibilities of this moment of general confusion. The five aurei promised him by Menecreta sharpened his resourceful wits.
At length it was agreed that there should be peace for three years, but that Armenia should be exempt from its operation. Rome was to pay to Persia, during the continuance of the truce, the sum of 30,000 aurei annually.
Then, as if further argument from him were of no interest to her, she once more turned to the auctioneer, and said with marked impatience: "I have bid thirty aurei for this girl; art set there slave, to gape at the praefect, or to do thy duty to the State that employs thee? Is there a higher bid for the maid? She pleaseth me, and I'll give sixty or an hundred for her.
Overstatement of claim takes four forms; that is, it may relate either to the object, the time, the place, or the specification. A plaintiff makes an overclaim in the object when, for instance, he sues for twenty aurei while only ten are owing to him, or when, being only part owner of property, he sues to recover the whole or a greater portion of it than he is entitled to.
So that a stipulation for conveyance to Titius, but made by some one else, is void: but the addition of a penalty, in the form 'If you do not convey, do you promise to pay me so many aurei? makes it good and actionable. 20 But where the promisor stipulates in favour of a third person, having himself an interest in the performance of the promise, the stipulation is good.
If they are possessed of more than a hundred aurei, and leave a descendant or descendants of either sex and any degree to take the inheritance civil or praetorian, we have given to such child or children the succession to their parents, to the exclusion of every patron and his issue.
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