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Justinian I · The Digest of Justinian §17.1.33.pr

Guarantees for Different Sums and the Action of Mandate

Passage 2473 of 9271 · Latin

Summary

Discusses the legal treatment of a mandate when a guarantor binds himself for a different sum than requested, distinguishing between a smaller sum and a larger sum.

[IDEM libro quarto ex Minicio. ] §17.1.33.prRogatus ut fideiuberet si in minorem summam se obligauit, recte tenetur: si in maiorem, Iulianus uerius putat quod a plerisque responsum est eum, qui maiorem summam quam rogatus erat fideiussisset, hactenus mandati actionem habere, quatenus rogatus esset, quia id fecisset, quod mandatum ei est: nam usque ad eam summam, in quam rogatus erat, fidem eius spectasse uidetur qui rogauit.
[THE SAME in the fourth book of his Epitome of Minicius.] If a person who has been asked to act as a guarantor binds himself for a smaller sum, he is rightly held liable. If he does so for a larger sum, Julian thinks that the opinion given by most authorities is more correct, namely, that he who has guaranteed a larger sum than he was asked to do has an action of mandate only to the extent that he was asked; because he has performed what was commissioned to him: for he who made the request seems to have relied on the other's credit up to the sum for which he was asked.

Notes

  1. 17.1.33.prrecte tenetur — This indicates that even if the guarantor binds himself for a smaller sum than requested, the mandate remains valid and he is rightly held liable (or has a valid claim) within that limit.
  2. 17.1.33.preum ... habere — An accusative with infinitive clause explaining the content of the response (responsum est) within the quod clause which is the object of putat.
  3. 17.1.33.prhactenus ... quatenus — A correlative construction meaning 'only to the extent that...'. It indicates that if a person guarantees more than requested, the mandate is not entirely void, but remains valid up to the requested amount.

Cite this passage

Justinian I, The Digest of Justinian §17.1.33.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:17.1.33.pr

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