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Servus Communis

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Chapter Summary

In the texts under consideration, Gaius has discussed the acquisition of claims and things by a servus communis, i.e., a slave who belongs to two or more masters. The basic rule in respect of a servus communis is that anything he acquired belonged to all his masters in proportion to their share in him. The Proculians maintained that the order did not have a restrictive effect and that the servus communis acquired for all his owners, as if no order had been given by any of them. The Proculians emphasised the difference between a iussum and a nominatio. The Sabinians underlined the similarity between a iussum and a nominatio. They maintained that an order given by one of the masters to make a stipulatio should have the same legal effect as the addition of that master's name in the question of the stipulatio.

Keywords: Gaius; iussum; nominatio; Proculians; Sabinians; servus communis



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