- 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-lat1:2.14.62.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-10-31
On the question of whether a subsequent agreement by the principal debtor to allow demands affects the guarantor after a non-demand agreement had benefited them, it is concluded that the acquired plea of agreement cannot be taken from the guarantor against their will.
[FURIUS ANTHIANUS libro primo ad edictum.]
[FURIUS ANTHIANUS in the first book on the Edict.]
Si reus,1 postquam pactus sit a se non peti pecuniam ideoque coepit id pactum fideiussori quoque prodesse, pactus sit ut a se peti liceat: an utilitas prioris pacti sublata sit fideiussori, quaesitum est. sed uerius est semel adquisitam fideiussori pacti exceptionem2 ulterius ei inuito3 extorqueri non posse.
If a principal debtor, after having agreed that the money should not be demanded from him, and therefore that agreement had also begun to benefit his guarantor, should subsequently agree that it may be demanded from him: the question was raised whether the benefit of the prior agreement was taken away from the guarantor. But the more correct view is that the plea of the agreement, once acquired by the guarantor, cannot further be extorted from him against his will.
- 2.14.62.prreus
While it often means 'defendant', here, in contrast with the guarantor (fideiussor), it refers to the 'principal debtor' (reus debendi or reus principalis).
- 2.14.62.prpacti exceptionem
The 'plea of agreement' (exceptio pacti conventi). It refers to the defense that the guarantor can assert to refuse the claim, based on the agreement not to demand (pactum de non petendo) concluded between the principal debtor and the creditor.
- 2.14.62.prei inuito
A combination of the dative pronoun ei (referring to the guarantor) and the adjective inuito (unwilling). It functions predicatively, meaning 'against his will' or 'without his consent'.