[for us].1  2We must see by what persons an obligation is acquired [for us]. Clearly by ourselves,  our children, and by free men we have within our potestas, as procurators.3 Also by  bondsmen, our own or those we hold in common,4 or in whom we have a usufruct,5  or by the bondsmen of others6 whom we possess in good faith, if they stipulate in our  name.78<By free men and the bondsmen of others9 in two cases [only], ex operis suis  or ex re possessoris.>
In what ways an obligation is extinguished.
 10We must also see how an obligation is extinguished. It may sometimes be  extinguished by an exception, in many ways, as where one claims and the other  shows that he has paid. Also by a pact, as where it is subsequently agreed that he not  sue.1112[If it is first agreed that he not sue, subsequently, with respect to the same  subject matter, that he may, the first pact is extinguished by the second, not indeed  ipso jure but by way of an exception.]13 [Or] by an exception of fraud or duress, as  where an obligation has been extorted by fraud or duress; [or] by an exception of res  judicata, as where one had been acquitted of an obligation by judgment;14 [or] by an  exceptio iurisiurandi, when an oath has been tendered [and sworn] or re-tendered  and then [not] sworn;15 [or] by an exception of prescription, because of lack of  proof, for just as time is a mode of raising an obligation so is it a way of destroying  it,16 through acquiescence and negligence, and consequently of destroying the  action, which must be brought within a certain period.17 For time runs against the  indolent and those unmindful of their rights.1819An obligation [arising ex maleficio  or ex delicto] is extinguished by the death of the other of those between whom it  subsists, or of both, especially if it is penal and single; if it is double, penal and  recuperatory, it is extinguished in so far as it is penal and to that extent does not lie  against heirs, because pains bind those who cause them, nor for heirs, [but] dies  with the person.2021An obligation is destroyed when it is so extinguished that  nothing of it remains, as by actual payment,22 for 23with the payment of what is  due the obligation is wholly discharged, whether the debtor himself pays it or  another for him, with his knowledge or without it, even if the payment is made  against his will. If the principal has paid the surety is released, and conversely. An  obligation is also discharged by acceptilation, which is called a fictitious payment,  as where it is asked, Have you received everything I owed you for whatever  reason? and the answer is made, orally or in writing, I have and acknowledge  receipt. 24<And [as] everything that may for any reason be comprised in a stipulation  may be extinguished by acceptilation, [so] acceptilation may be made for  part of a debt as well as for the whole.25 And just as obligations are extinguished  by acceptilation, so may they
12-13. Si primo ne peteret, et postea ... exceptionis, from supra 287, lines 33-5; D. 188.8.131.52: Pactus ne peteret, postea convenit ut peteret: prius pactum per posterius elidetur, non quidem ipso iure
[sed] replicatione exceptio elidetur.; infra iv, 247