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Justinian I · The Digest of Justinian §2.6.3.pr

Reasons for Accepting a Relative's Surety as Solvent

Passage 295 of 9271 · Latin

Summary

Paulus briefly explains the reason why a surety is accepted as solvent in the case of closely related persons.

[PAULUS libro quarto ad edictum. ] §2.6.3.prquoniam pro locuplete accipitur fideiussor in necessariis personis.
[PAULUS, in the fourth book on the Edict.] for in the case of closely related persons, a surety is accepted as solvent.

Notes

  1. §2.6.3.prpro locuplete — The combination of the preposition pro with the ablative locuplete means 'as solvent' or 'in place of a wealthy/solvent person'. It indicates that whereas normally strict requirements of solvency are imposed on a surety, under these specific privileges, the surety offered is accepted as if they were fully solvent.
  2. §2.6.3.prin necessariis personis — The combination of the preposition in with the ablative. It refers back to the necessitudinem personarum (close relationship of persons) in the preceding section 2.6.2.pr, meaning 'in the case of closely (legally) related persons', such as patrons, spouses, children, or daughters-in-law.

Cite this passage

Justinian I, The Digest of Justinian §2.6.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.6.3.pr

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