oa Fundamina : A Journal of Legal History - Ein leihvertrag unter und seine folgen - anmerkungen zu Afr. (8 ) D.

Special issue 2
  • ISSN : 1021-545X
  • E-ISSN: 2411-7870



In Afr. D. the expression means that the parties to have added a pact to the contract. The borrowers are then not only liable for and (safe-keeping), but bear the risk of too. Because of this contractual provision, African assumes that the legal situation of the borrowers is similar to that of co-owners of a . This is why the borrowers are liable , when the borrowed objects have been stolen by the lender's slave. On the other hand (and according to Cels.-Ulp. D., each of the borrowers is allowed to sue the by an . If the lender decides to escape his liability by surrendering the offender, the slave has to be shared among the ; for this reason the other borrowers will probably be entitled to an or a similar against the plaintiff.

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