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Justinian I · The Digest of Justinian §19.2.47.pr

Claims Against Co-Debtors and Plaintiff's Choice

Passage 2868 of 9271 · Latin

Summary

Marcellus discusses whether co-debtors can be forced to perform only their shares when all are solvent, arguing that the plaintiff should retain the choice of whom to sue, provided he cedes his actions against the others.

[Marcellus libro sexto digestorum. ] §19.2.47.prCum apparebit emptorem conductoremue pluribus uendentem uel locantem singulorum in solidum intuitum personam, ita demum ad praestationem partis singuli sunt compellendi, si constabit esse omnes soluendo: quamquam fortasse iustius sit etiam, si soluendo omnes erunt, electionem conueniendi quem uelit non auferendam actori, si actiones suas aduersus ceteros praestare non recuset.
[MARCELLUS, from the sixth book of the Digests.] When it appears that a buyer or a lessee, in selling or leasing to several persons, has had regard to the person of each individual for the whole amount, only then are they individually to be compelled to perform a share, if it is established that all are solvent; although it is perhaps even more just that, if all are solvent, the election of suing whomsoever he wishes should not be taken away from the plaintiff, if he does not refuse to cede his actions against the others.

Notes

  1. §19.2.47.printuitum — Shorthand for `intuitum [esse]`, the perfect infinitive of the deponent verb `intueor` (to regard, consider). It forms an accusative with infinitive construction with the accusative `emptorem conductoremue` as its subject and `singulorum ... personam` as its object, depending on `apparebit`.
  2. §19.2.47.prsoluendo — The dative of the gerund of the verb `solvere` (to pay). Combined with the copula `esse` (`esse soluendo`), it is a legal idiom meaning "to be solvent" (capable of paying).
  3. §19.2.47.prpraestare — Used here in the sense of "to cede" or "to grant" actions (`actiones`) against other debtors. It refers to the creditor's obligation to transfer his rights of action against the other co-debtors to the one being sued for the whole amount (known as the *beneficium cedendarum actionum*).

Cite this passage

Justinian I, The Digest of Justinian §19.2.47.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:19.2.47.pr

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