- 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-lat1:2.14.26.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-10-30
This section explains the condition under which an agreement made by a surety benefits the principal debtor (i.e., if it was agreed not to sue the debtor) and notes that the same principle applies to co-sureties.
[ULPIANUS libro quarto ad edictum.]
[ULPIANUS, On the Edict, book 4]
uidelicet si hoc actum sit,1 ne a reo quoque petatur. idem2 et in confideiussoribus est.
namely, if this was agreed, that it should not be demanded from the debtor either. The same is true also in the case of co-sureties.
- 2.14.26.prsi hoc actum sit
The pronoun hoc is proleptic, anticipating the clause ne a reo quoque petatur. The verb agere (here actum sit) means "to agree" or "to intend by agreement," referring to the formation of an express or implied agreement between the surety and the creditor.
- 2.14.26.pridem
"The same" refers to the rule established in the preceding context: that even if an agreement is made by only one of several co-sureties, it will benefit the other co-sureties (via the defence of fraud) if it was agreed that the others should not be sued either.