Justinian I · The Digest of Justinian §17.1.11.pr

Guarantor Inheriting from Creditor and Action on Mandate

Passage 2450 of 9271 · Latin

Summary

It shows that if a guarantor, after being condemned to pay the creditor, subsequently becomes the heir to that creditor, they still retain the action on mandate against the principal debtor.

[POMPONIUS libro tertio ex Plautio. ] §17.1.11.prSi ei, cui damnatus ex causa fideiussoria fueram, heres postea extitero, habebo mandati actionem.

[POMPONIUS libro tertio ex Plautio.] If I subsequently become the heir to the person to whom I had been condemned on account of a guarantee, I shall have an action on mandate.

Notes

17.1.11.prei... heres postea extitero — The pronoun ei is the dative governed by heres extitero (future perfect of exsisto, 'to become heir to someone'). The relative clause cui damnatus... fueram modifies ei, in which damnatus refers to being condemned by a judicial decision. It describes a situation where a guarantor, having been condemned to pay the creditor, subsequently succeeds that creditor as heir.

Cite this passage

Justinian I, The Digest of Justinian §17.1.11.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:17.1.11.pr

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