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Justinian I · The Digest of Justinian §16.1.20.pr

Intercession for One Co-Debtor and Restored Actions

Passage 2366 of 9271 · Latin

Summary

This section establishes that if a woman intercedes on behalf of one of two co-debtors and is released under the senatus consultum, the creditor's action is restored against both of the original co-debtors.

[IDEM libro octauo quaestionum. ] §16.1.20.prSi pro uno reo intercessit mulier, aduersus utrumque restituitur actio creditori.
[THE SAME, Questions, book 8] If a woman has interceded on behalf of one of two co-debtors, the action is restored to the creditor against both.

Notes

  1. §16.1.20.prutrumque — The point of interpretation is who "both" (utrumque) refers to. This does not refer to the woman and the debtor, but assumes a situation where there are two co-debtors (correi debendi), referring to "both of the two co-debtors." When a woman has interceded (e.g., by privative assumption of debt) on behalf of one of them (uno reo), and is subsequently released under the senatus consultum, the action restored to the creditor (actio restitutoria) is recovered against both co-debtors, including the one for whom she interceded and the other, rather than just the single debtor.

Cite this passage

Justinian I, The Digest of Justinian §16.1.20.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:16.1.20.pr

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