Francisci Hotomani iurisconsulti observationum liber IIII

"but one who is convened for a deposit is to be condemned for deceit, not also for fault. For in a contract of loan for use, because the utility of both contracting parties intervenes, both are provided for: but in a deposit, since the utility of the depositor alone is turned, there deceit only is provided for. But also in the other parts of the law, this rule is kept." But a dispute of Ulpianus clearly contrary to this exists in law "if as certainly" 5, section 2, Digest, on loan for use. "Loan for use" (he says) "mostly contains the utility only of him to whom it is lent." Similarly Africanus in law "if a slave" 61, section "concerning," Digest, on theft. "Concerning a loan for use" (he says) "something else is to be thought. Because then the convenience of him alone who asked to use it is involved." And shortly: "Since no utility of the lender intervenes." And the same Gaius writes in law "in things" 18, Digest, on loan for use, where he shows that in a loan for use, regularly, the slightest fault is provided for, since regularly the utility of the recipient alone is involved in it. To which agrees law 3, Digest, on peril and loan; law 1, section "this also," Digest, on obligations and actions; section "this to whom," Institutes, on by what ways an obligation is contracted. But if by chance the thing is lent for the grace of both, then Gaius in that same place shows that only slight fault is provided for, just as on the contrary, if the utility of the lender alone were involved, only gross fault would be provided for. Law 5, section "sometimes," on the same title. Since these things are so, it must be seen whether that place of Modestinus could be read more conveniently thus: "In a contract of loan for use, because the utility of either the recipient alone or of both is involved," etc. And these things indeed pertain to the title of the Collectanea. However, in the following title, this place is faulty, "to receive a rod" Rudem accipere the standard phrase for a gladiator receiving his freedom can be found after palam openly: it can be corrected thus: "After an interval."