[Vocabularius utriusque iuris]

¶ The contrary action for the management of business competes to him who without a mandate involved himself in managing the business of another, against the owner of the business, to recover the expenses made for the business. And he unites everything which he expended from his own, necessarily or usefully, though not luxuriously, as these are collected in Digest, same title, law 2, with the notes there.

¶ The action concerning the peculium an estate or fund held by a son or slave or according to the peculium competes to him who contracted with a son of the family or a slave having a peculium. Digest, with him, law 1, with the following. Which after the death of the son or slave is annual and not after emancipation, manumission, or alienation. Digest, when the action concerning the peculium is annual, law 1, paragraph "Which of the owner", where if the owner has the son or slave in his power, the action concerning the peculium is perpetual. After his death, however, or after he is emancipated, manumitted, or alienated, it begins to be temporal, namely annual, and this action competes against the owner or father, as noted in Digest, on the peculium, law 1, paragraph "Words".

¶ The noxial concerning punishment or compensation for damage done by a slave or son action, according to Azo, is called the action which is born or arises from the delicts of slaves. Digest, same title, law 1, and Institutes, same title, in the beginning. And it is called noxial from noxia the crime itself, which signifies the delict itself, or from noxa the delinquent person, which is called the delinquent himself. Noxia is the delict, the delinquent is called noxa.

¶ The direct pledge action competes to the debtor against the creditor, standing by the ways in which a thing is contracted by obligation, paragraph "Final". Or against his tutor or curator if they accepted the pledges. Digest, same title, law "Final, satisfied", paragraph "Final". And it has a place when the debt is paid and otherwise satisfied just as the creditor wished, even if not paid in that way, such as if other things were given as a pledge to the creditor so that he might recede from the first, or sureties, or other things, or the price, or even a naked convention without the price or agreement. For as often as the creditor wishes to recede from the pledge, it is seen to be satisfied, if he himself wishes or wished, it is guarded, even if in this he was deceived by his own ease, according to Azo, as in Digest, same title, law "If the thing", paragraph "Buying", and law "Necessary", paragraph "Final". Through this action, therefore, the debtor repeats expenses if he made any in the pledged thing.

¶ The contrary pledge action is given to the creditor against the debtor and is given for many things. If

he is deceived by the debtor, either by the thing itself or by his position, who obligated another's thing or a thing pledged to another, whether it was obligated unless the same thing is ample and even if it was pledged to another for a small amount, as if in nothing he is taken, thus he who accepted pledges in the second place. Digest, same title, law "Tutor", paragraph "Contrary", joined with law "If anyone in pledge", paragraph "Final". And if the debtor maliciously used iron or tin for gold or silver. Digest, same title, law 1, paragraph "If anyone" and in the paragraph "Small", in law "If anyone in pledge", 2, response, or if he obligated a slave through whom damage was given, for example, theft or another such thing, and he knew, he is held for the solid, that is, for the whole. But if he was ignorant, then he is freed by the surrender of the noxa, namely by giving the slave for the noxa. In these, this action competes according to Azo and others, and they prove this, Digest, same title, law "If a slave in pledge". Also, according to Azo, the creditor sues by the pledge action if he instructed his pledged slaves in crafts, if he had begun in a short time before it was pledged, or at the will of the debtor the creditor instructed them. But if none of these intervened, if he instructed them in any necessary crafts, according to Azo, the action will be contrary. Digest, same title, law "If a slave".

¶ The useful pledge action, according to Placentinus a 12th-century jurist, is given to him who pledged another's thing without the owner's consent, and afterwards becomes the owner of the pledge. Digest, same title, law "Another's thing", and Digest, on pledge, law 1, paragraph 1, and law "If ficio confection/making" with the following. And both the direct and that are given to the principal and his heirs and against the heirs of the creditor, as can be proven, Institutes, on the perpetual and temporal actions, paragraph "Not however", joined with law "From contract", Digest, on actions and obligations, and law 1, paragraph "Creditor", and Institutes, in what ways a thing is contracted, paragraph "Final".

¶ The action through which it is sought whether the actor swore is given, according to some, to him who when he sought his thing, the oath being offered to him by the adversary, swore that it was his. For from him he seeks his thing by an action in fact, who swore that it was his. Digest, on the oath, law "For afterwards", paragraph 1, and paragraph "Final". If, however, the thing which was handed over to him was afterwards lost, the one who offered the oath, having obtained it against him, the Publician action competes, from the book of feuds, Digest, under the title On the Publician action, law "Of his who", paragraph "Seeking", where it is said "If it were sought from me, the thing