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Justinian I · The Digest of Justinian §12.6.20.pr

Double Payment by Principal Debtor and Surety

Passage 1995 of 9271 · Latin

Summary

It is argued that if the principal debtor and the surety pay equally, they are treated in the same way as two co-debtors, allowing the rules mentioned in the previous section to be applied to them.

[IULIANUS libro decimo digestorum. ] §12.6.20.prSi reus et fideiussor soluerint pariter, in hac causa non differunt a duobus reis promittendi: quare omnia, quae de his dicta sunt, et ad hos transferre licebit.
[JULIAN, Digest, Book 10.] If the principal debtor and the surety have paid equally, in this case they do not differ from two co-debtors; therefore, it will be permissible to transfer everything that has been said of the latter to the former as well.

Notes

  1. §12.6.20.prde his ... ad hos — The pronoun 'his' refers back to the 'duobus reis promittendi' (two co-debtors), while 'hos' refers to the 'reus et fideiussor' (the principal debtor and the surety) in the conditional clause. This indicates that the legal principle regarding recovery of undue payment between co-debtors discussed in the previous section (12.6.19.4) is applicable (transferre) to the principal debtor and the surety.
  2. §12.6.20.prreis promittendi — A technical legal term referring to 'co-debtors' who have jointly bound themselves by means of a formal promise (stipulatio). It is a more precise expression of the 'duo rei' in the preceding section (12.6.19.4).

Cite this passage

Justinian I, The Digest of Justinian §12.6.20.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.6.20.pr

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