same care for the joint concern as if it were his own. The acts of one
partner were not binding on another, if he acted beyond the scope of the
partnership. If one of the partners advanced money on account of the
partnership, each of the partners were bound to contribute to the
indemnity in proportion to his share of the concern; and if any of them
became insolvent, the solvent shareholders were obliged to make up the
deficiency. [Footnote: D. 17, 2, 67.] An agent could be employed to
transact business for another, but was required to act strictly
according to his orders, and the mandant, who gave the orders, was bound
to ratify what was done by the mandatary, and to reimburse him for all
advances and expenses incurred in executing the commission. By the Roman
law agents were not remunerated. Donations could not be made beyond a
certain maximum. Justinian ordered that when gifts exceeded five hundred
solidi, a formal act stating the particulars of the donation should be
inscribed in a public register.

When a person spontaneously assumed the management of the affairs of
another in his absence, and without any mandate, this was called
_negotiorum gestio_, and the person was bound to perform any act
which he had begun, as if he held a proper mandate, and strictly account
for his management, while the principal was bound to indemnify him for
all advances and expenses.

When money was paid through error it could be recovered, under certain
circumstances. But this point is a matter concerning which the jurists
differ.

[Sidenote: Libels.]

[Sidenote: Damages.]