- Source
- Digesta Iustiniani Augusti. Mommsen, Theodor & Krueger, Paul, editors. Berlin: Weidmann, 1870.
- Translation
- AI-generated (gemini-3.5-flash) — machine translation; may contain errors
- Languages
- 日本語 · English · 简体中文 · 한국어
- CTS URN
- urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.11.6.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-10-29
This section addresses the injustice of holding a surety bound to present the principal debtor when the debtor himself was absent on public business and therefore excused from appearing.
[GAIUS libro primo ad legem duodecim tabularum.]
[GAIUS, in the first book on the Law of the Twelve Tables.]
Si is qui fideiussorem dedit ideo non steterit, quod rei publicae causa afuit: iniquum est fideiussorem ob alium necessitate sistendi1 obligatum esse, cum ipsi2 liberum esset non sistere.
If he who has provided a surety did not appear in court for the reason that he was absent on public business, it is unjust that the surety should be bound by the necessity of presenting him on account of another, when it was permitted to the principal himself not to appear.
- 2.11.6.prnecessitate sistendi
The genitive of the gerund sistendi modifies the noun necessitate. In the context of a surety (fideiussor), sistere is understood transitively as "to present" or "to make [the principal] appear in court," hence "the necessity of presenting [him]."
- 2.11.6.pripsi
The dative pronoun ipsi refers back to the subject is qui fideiussorem dedit (the principal debtor who provided the surety) and functions as the dative of reference with the impersonal expression liberum esset ("it was permitted to him").