Justinian I · The Digest of Justinian §4.8.26.pr

Penalty and Guarantor's Refusal or Death upon Extension

Passage 847 of 9271 · Latin

Summary

Explains the legal rule that prevents the incurrence of a penalty from depending on the will of the guarantors if they subsequently refuse to act as such or die.

[PAULUS libro tertio decimo ad edictum. ] §4.8.26.prne in potestate sit fideiussorum postea se non obligantium, ut poena committatur.

[PAULUS in his thirteenth book on the Edict.] so that it may not be in the power of the guarantors, by subsequently refusing to bind themselves, to cause the penalty to be incurred.

idemque et si decesserint.

And the same applies even if they have died.

Notes

4.8.26.prne in potestate sit fideiussorum ... ut poena committatur — A clause introduced by the conjunction of purpose 'ne'. Within it, the 'ut poena committatur' clause (that the penalty is incurred) functions substantially as the subject or a clause defining the content of 'in potestate sit' (to be in the power of).
4.8.26.prpostea se non obligantium — A present participle phrase modifying the genitive noun 'fideiussorum'. The verb 'obligare' used with the reflexive pronoun 'se' means 'to bind oneself (by security)'. Here it refers to 'those who subsequently refuse to bind themselves' for the renewed compromise.

Cite this passage

Justinian I, The Digest of Justinian §4.8.26.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.8.26.pr

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