Mandatary as Agent

A mandatary was bound to give up to his mandator all rights acquired against third persons by the performance of the mandate, and permit the mandator to sue in his name. The mandatary made the contract in his own name, and the mandator would sue thereon in the name of the mandatary, and in this round about way the function of an agent was served by the mandatary. (As to agency, see generally. Hunter, 609-626; Sohm, 219-224.)

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Marriage with Manus - Strict Marriage

In a strict sense, marriage with manus was originally the only type of marriage to receive full recognition in Roman law, the free marriage not being' attended with all the legal consequences of marriage with m-anits. In time, however, as we shall see, in Roman law, as in English law, some of the most striking consequences of marriage become obsolete, and finally the strict form of marriage disappeared and was superseded by the free marriage and the doctrine of manus became obsolete.
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Slavery by Birth

The children of a female slave became the slaves of her master. The status of the father as free or slave was immaterial. The general rule governing the determination of the status of a child, whether as free or slave, or as citizen or alien, was as follows : Children born in lawful wedlock had the status of the father at the moment of conception, children born out of wedlock had the status of the mother at the moment of birth. Hence if the father of a child of a lawful marriage was free at the moment of conception, the child was free although the father should subsequently lose his freedom. As to children born out of wedlock, the general rule, as above stated, was that it was the status of the mother at the moment of birth that determined the status of the child. If the mother was free at the moment of conception but a slave at the moment of birth, the child was a slave, and conversely. This was the earlier law, but the rule was modified in the interest of liber...
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Special Cases of Slavery Arising under the Jus Civile

These were all cases in which a person lost his liberty as a punishment for crime or other wrong doing. A Roman citizen who, for the purpose of avoiding military service, failed to have himself enrolled on the census, thereby lost his liberty. As the census ceased under the Empire, this case was obsolete in the time of Justinian. Under the XII Tables a thief taken in the act might be adjudged to belong to the person from whom he stole. (Gaius, 3, 189). This case was rendered obsolete by the substitution by the praetor of the penalty of fourfold restitution. By the XII Tables an insolvent debtor might be sold into slavery. By the Senatus Consultum Claudianum a free woman who had repeated intercourse with a slave might be made the slave of his master. This was abolished by Justinian (Inst. III, 12, 1). A person condemned for crime to the mines or to fight with wild beasts were regarded as slaves of punishment {servi poena), having no other master. The infliction of slavery as...
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