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Justinian I · The Digest of Justinian §2.14.24.pr

Sureties Acting in Self-Interest Treated as Principal Debtors

Passage 390 of 9271 · Latin

Summary

This section explains that if a surety makes a promise in his own interest, he must be treated as the principal debtor, and any agreement made with him is deemed to have been made with the principal debtor.

[IDEM libro tertio ad Plautium. ] §2.14.24.prSed si fideiussor in rem suam spopondit, hoc casu fideiussor pro reo accipiendus est et pactum cum eo factum cum reo factum esse uidetur.
[THE SAME, On Plautius, book 3] But if a surety has made a promise in his own interest, in this case the surety is to be treated as the principal debtor, and an agreement made with him is deemed to have been made with the principal debtor.

Notes

  1. §2.14.24.prin rem suam spopondit — While a surety normally promises on behalf of another, the phrase here denotes a special case where the surety has undertaken the promise in his own interest or for his own business.
  2. §2.14.24.prpro reo — Here, reus refers to the principal debtor (reus promittendi). It indicates that since the surety promised in his own interest, he should be legally treated as standing in the same position as the principal debtor.

Cite this passage

Justinian I, The Digest of Justinian §2.14.24.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.14.24.pr

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