JUSSU
JUSSU,
ACTIO QUOD. A paterfamilias or a master
of a slave who gave an order (
jussus）
authorising a contract to be entered into with his filiusfamilias or slave
was made liable by this action on account of a contract thus entered into,
as if he had been himself a party to it. (
Dig. 15,
4,
1, pr.: “Merito
ex jussu domini in solidum adversus eum judicium datur; nam quodammodo
cum eo contrahitur quid jubet.” ) The order might be given
directly to the other contracting party, or it might be implied by the
appointment of a son or a slave to conduct a business or to enter into a
particular transaction; but, to make the superior liable, the other party
must have contracted with the filiusfamilias or slave as a representative.
The
actio quod jussu is a praetorian action,
and belongs to the class of
actiones adjecticiae
qualitatis. (
Dig. 15,
4; Gaius, 4.70; Vangerow,
Pandekten, 1.240, Anm.;
Windscheid,
Pandekten, 2.482.) [EXERCITORIA ; INSTITORIA ACTIO.]
[
E.A.W]
