Humanitext Reader

Justinian I · The Digest of Justinian §2.14.23.pr-2.14.23.1

Effect of a Surety's Pact on Debtors and Co-Sureties

Passage 389 of 9271 · Latin

Summary

This fragment discusses the effect of an agreement made by a surety on the principal debtor and co-sureties, explaining that a third party only benefits from an agreement when the benefit primarily flows to the contracting party through the person granted the exception.

[PAULUS libro tertio ad edictum. ] §2.14.23.prFideiussoris autem conuentio nihil proderit reo, quia nihil eius interest a debitore pecuniam non peti. immo nec confideiussoribus proderit.
[PAULUS, On the Edict, book 3] However, an agreement made by a surety will be of no benefit to the principal debtor, because it is of no concern to him that money should not be demanded from the debtor; indeed, it will not even benefit co-sureties.
§2.14.23.1Neque enim quoquo modo cuiusque interest, cum alii conuentio facta prodest, sed tunc demum, cum per eum, cui exceptio datur, principaliter ei qui pactus est proficiat: sicut in reo promittendi et his qui pro reo obligati sunt.
For it is not just any kind of interest on the part of any person that makes an agreement made with another of benefit to him, but only then when, through the person to whom the exception is given, it primarily benefits the party who made the agreement: as in the case of the principal debtor and those who are bound on his behalf.

Notes

  1. §2.14.23.preius interest — The impersonal verb interest takes the genitive of the person concerned, here eius, which refers back to Fideiussoris. The subject representing the matter of concern is the accusative and infinitive clause "a debitore pecuniam non peti", where "debitor" refers to the principal debtor.
  2. §2.14.23.1Neque enim quoquo modo cuiusque interest, cum alii conuentio facta prodest — The structural skeleton is "Neque enim... cuiusque interest, cum alii conuentio facta prodest" (For it is not the case that, when an agreement made with another benefits someone, that person's interest in whatever manner is sufficient). It means that having a mere interest in some way does not automatically allow a third party to benefit from an agreement made by others.
  3. §2.14.23.1tunc demum, cum... proficiat — A restrictive construction "tunc demum, cum..." (only then, when...). The verb "proficiat" in the cum-clause is in the present subjunctive, conveying a hypothetical condition or characteristic situation. The main verb of this clause (such as prodest or proficit) is omitted and must be supplied from the preceding context.

Cite this passage

Justinian I, The Digest of Justinian §2.14.23.pr-2.14.23.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.14.23.pr-2.14.23.1

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.