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A decorative drop cap letter T begins the text.
A transaction is a compact by which a doubtful suit, whether present or imminent, between two or more persons, is finished on this condition: that he who could have had a claim in that matter, by remitting the entire suit, receives something in return for that name.
It is rightly said that both the defendant and the plaintiff may transact.
One may accept a transaction, not only if the Aquilian stipulation a legal formality for discharging obligations has been applied, but also if an agreement has been made.
Let us first look at the persons of those transacting. It is a matter of manifest law that one who is of sound mind, even if infirm in body, may rightly transact.
A procurator an agent or proxy, not one to whom free administration of affairs is entrusted, but one to whom the action of a case is mandated, cannot transact.
A procurator given to a compromise before an arbiter cannot transact: although it is a little different for the arbitrator himself.
An administrator or curator of a city may transact regarding a doubtful suit, but he cannot remit a certain and undoubted matter.
A tutor, and likewise a curator, transacting regarding the immovable property of a ward or