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Justinian I · The Digest of Justinian §12.6.25.pr

Guarantor Overpayment and Recovery by the Latter Payer

Passage 2000 of 9271 · Latin

Summary

Discusses that when two guarantors each pay after the debtor has paid part of the debt, resulting in an overpayment, the guarantor who paid later has the right to recover the excess.

[IDEM libro quadragensimo septimo ad Sabinum. ] §12.6.25.prCum duo pro reo fideiussissent decem, deinde reus tria soluisset et postea fideiussores quina, placuit eum qui posterior soluit repetere tria posse: hoc merito, quia tribus a reo solutis septem sola debita supererant, quibus persolutis tria indebita soluta sunt.
[THE SAME, On Sabinus, Book 47.] Where two persons had guaranteed ten for a debtor, then the debtor paid three, and afterwards the guarantors paid five each, it was held that the one who paid later could recover three; this is with good reason, because when three had been paid by the debtor, only seven remained due, and when these were fully paid, three were paid as not due.

Notes

  1. 12.6.25.prquina — A distributive numeral meaning "five each". Since there are two guarantors, it means each paid five (totaling ten).
  2. 12.6.25.prposterior — A comparative adjective (nominative masculine singular) agreeing with the subject of the relative clause qui and used adverbially to mean "later" or "subsequently".
  3. 12.6.25.prquibus persolutis — An ablative absolute clause containing a relative pronoun quibus, whose antecedent is the preceding numeral septem (seven), meaning "when these (the remaining seven) were fully paid".

Cite this passage

Justinian I, The Digest of Justinian §12.6.25.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.6.25.pr

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