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Justinian I · The Digest of Justinian §2.8.10.pr-2.8.10.1

Solvency of Approved Sureties and Security upon Hardship

Passage 312 of 9271 · Latin

Summary

It discusses that sureties approved by an arbiter are presumed solvent and notes that if the sureties subsequently fall into severe hardship, new security must be provided.

[PAULUS libro septuagensimo quinto ad edictum. ] §2.8.10.prSi ab arbitro probati sunt fideiussores, pro locupletibus habendi sunt, cum potuerit querella ad competentem iudicem deferri, qui ex causa improbat ab arbitro probatos, alias improbatos probat:
[PAULUS, in the seventy-fifth book on the Edict.] If sureties have been approved by an arbiter, they must be regarded as solvent, since a complaint could have been referred to the competent judge, who, on cause shown, rejects those approved by the arbiter, or otherwise approves those who were rejected.
§2.8.10.1multoque magis, si sua uoluntate accepit fideiussores, contentus his esse debet.
And much more so, if a party has accepted sureties of his own free will, he ought to be content with them.
quod si medio tempore calamitas fideiussoribus insignis uel magna inopia accidit, causa cognita ex integro satisdandum erit.
But if in the meantime a significant disaster or great poverty has befallen the sureties, security must be given anew after the case has been investigated.

Notes

  1. §2.8.10.prcum potuerit — The conjunction cum here indicates a causal or concessive background, taking the perfect subjunctive potuerit to express the circumstance that 'since (or although) a complaint could have been brought to the competent judge' (and was not).
  2. §2.8.10.1causa cognita — An ablative absolute formed by the noun causa and the perfect passive participle cognita of cognoscere, expressing a condition or time: 'after the case (or cause) has been investigated.'
  3. §2.8.10.1satisdandum erit — A passive periphrastic (gerundive) construction used impersonally with the future of esse (erit), meaning 'security will have to be given,' expressing obligation or necessity.

Cite this passage

Justinian I, The Digest of Justinian §2.8.10.pr-2.8.10.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.8.10.pr-2.8.10.1

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