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Justinian I · The Digest of Justinian §23.3.55.pr

Surety Liability in Debt Delegated for a Dowry

Passage 3429 of 9271 · Latin

Summary

Explains that when a debt is assumed by a third party for the purpose of a dowry, a surety provided for that debt is also liable.

[PAULUS libro primo ad Plautium. ] §23.3.55.prCum dotis causa aliquid expromittitur, fideiussor eo nomine datus tenetur.
[PAULUS in the first book on Plautius.] When something is promised by way of debt-assumption for the purpose of a dowry, a surety given on that account is liable.

Notes

  1. §23.3.55.prexpromittitur — expromittitur is the 3rd person singular present passive indicative of expromittere, a technical legal term in Roman law referring to expromissio (debt-assumption, where a new debtor assumes the liability of the old debtor). Here, it denotes a general condition: "is promised by way of debt-assumption".
  2. §23.3.55.preo nomine — An ablative phrase meaning "under that name" or "on that account". It refers back to the legal ground of the debt assumption for the dowry (dotis causa aliquid expromittere), specifying that the surety was provided for that particular obligation.
  3. §23.3.55.prtenetur — A technical legal term meaning "is bound" or "is liable". It indicates that the subject fideiussor (surety) is legally obligated to perform the debt assumed for the dowry.

Cite this passage

Justinian I, The Digest of Justinian §23.3.55.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.3.55.pr

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