- 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-lat1:4.8.29.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-10
Ulpianus discusses whether a penalty is incurred if a demand is made from a surety instead of the forbidden debtor, and also explains the case where an arbitration agreement is made with a surety and a demand is made from the principal debtor.
[ULPIANUS libro tertio decimo ad edictum.]
[ULPIANUS in his thirteenth book on the Edict.]
Aduersus sententiam arbitri fit, si petatur ab eo a quo arbiter peti uetuit.1 quid ergo si a fideiussore eius petatur, an poena committatur? et puto committi, et ita Sabinus scribit: nam τῃ Δυνάμει2 a reo petit. sed si cum fideiussore compromisi et a reo petatur, nisi intersit fideiussoris,3 non committetur.
An act is done contrary to the decision of the arbitrator if a demand is made from the person from whom the arbitrator forbade a demand to be made. What then if a demand is made from his surety? Is the penalty incurred? I think it is incurred, and Sabinus writes so; for in effect he demands from the principal debtor. But if I have entered into an arbitration agreement with a surety and a demand is made from the principal debtor, the penalty will not be incurred, unless it concerns the surety.
- 4.8.29.prpeti uetuit
The passive infinitive peti (to be demanded) is used as the object of uetuit (forbade). The phrase means 'the arbitrator forbade [a demand] to be made [from him]'.
- 4.8.29.prτῃ Δυνάμει
The Greek phrase τῇ δυνάμει (virtually, in effect). It explains that demanding from the surety is equivalent in effect to demanding from the principal debtor, as it ultimately affects the latter.
- 4.8.29.printersit fideiussoris
The subjunctive present of the impersonal verb interest (it concerns, it matters), which takes the genitive of the person concerned (fideiussoris). Unless the surety has some specific interest of his own, a demand from the principal debtor does not constitute a breach of the arbitration agreement made with the surety.
Translated by Gemini 3.5 Flash (published 2026-07-12) · Revision history (1, latest 2026-09-21)
- 2026-09-21 AI review — note 1