Adstipulation

In the early Roman law a rela- tion amounting practically to that of agency was established by the' introduction into the contract of stipulation of an associate creditor called an adstipulator. The principal creditor (stipulator) would stipulate for a certain thing from the debtor, and the adstipulator would then stipulate for the same thing from the same debtor. The debtor was now liable to both creditors and might pay either, though a single performance discharged his entire obligation. The adstipulator, being formally a creditor, had the same right to demand performance as the stipulator, but he was bound to turn over to the stipulator, as the actual creditor, or to his heir, what he obtained from the debtor. The adstipulator had also the same power as the stipulator to release or discharge the debtor, but if he did so gratuitously so as to deprive the stipulator of the benefit of the contract, he was liable under the Aquilian law to an action for damages, as well as to an action on the contract actio mandati.

Adstipulation was employed to get around two narrow rules of the ancient law. One of these was the rule that only the creditor in person could sue on a debt. This was evaded by making the adstipulator formally a creditor and hence entitled to sue. The other rule was that the benefit of a stipula- tion was available only to the stipulator and not to his heirs. This was evaded by requiring the adstipulator to surrender to the stipulator or to his heirs whatever he obtained from the debtor. This duty was enforceable by the actio mandati.

The former rule became obsolete with the introduction of the formulary system of procedure under which a creditor might give another person a mandate to sue for him. The latter rule was abolished by Justinian. There being now no longer any necessity for it, adstipulation was obsolete in the time of Justinian. In earlier times, however, it was frequently employed in commercial dealings, and there were people who acted as professional adstipulators. The object of the stipulator being to secure the services of a particular person as agent, the rights of the adstipulator were personal and did not pass to his heirs but ceased on his death. (See Gains, 3, 110-114, 117; Hunter, 563; Sohm, 389.)

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Curators

By the Roman law a male became of age for all purposes upon reaching the age of puberty. Females, at least under the older law, never attained full legal capacity. Plainly, however, a law which gave to a boy of fourteen full power to manage his own affairs was unsafe for him, and modifications were introduced from time to time for his protection. By an early law of uncertain date passed for the relief of minors (le.r Plcetoria), they were permitted to apply to the prsetor for the appointment of a form of guardian known as a curator, who would be appointed on proof of the minor's incapacity to manage his own affairs. And in time it became the rule for magistrates to appoint a curator upon the minor's application. But a minor above the age of puberty could not be compelled to have a curator, except when, on being sued, he neglected or refused to apply for a curator, in which case a curator would be appointed on petition of the plaintiff to defend the suit. The du
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The Several Kinds of Tutors

(1) Testamentary Tutors. These were appointed by the will of the deceased paterfamilias of the pupil. This mode of appointment was authorized by the Twelve Tables. ( 2) Statutory Tutors. These succeeded to the tutela by virtue of the provisions of the Twelve Tables or of some other Statute, but only if there were no testamentary tutors. They were called legitimi tutor es. They were the agnates (by Justinian's legislation, the nearest of kin, whether agnates or cognates) who in case of the death of the pupil would succeed to his inheritance. They were appointed upon the principle that those who had the advantage of the inheritance ought to bear the burden of the tutela (ubi entolumentum successionis ibi et onus tutelcs). In this connection may be mentioned also the guardianship of the patron over his freedman, and of the father over his emancipated child. (3) In the absence of a testamentary or statutory tutor, power was ' given to certain magistrates to appoint
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Nexum

This was an ancient contract made by the ceremony of mancipation per aes et libram . Very little is known about it. Its application seems to have been very narrow, perhaps limited to the contract of loan. It was obsolete from a very early date.
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