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Justinian I · The Digest of Justinian §42.1.24.pr-42.1.24.1

Exclusion of Competence for Sureties and Heirs

Passage 6876 of 9271 · Latin

Summary

It explains that a surety does not benefit from the limitation of liability (condemnation to the extent of ability) granted to the principal debtor, and that the husband's privilege of limitation does not pass to his heir.

[POMPONIUS libro quarto ex Plautio. ] §42.1.24.prEt si fideiussor acceptus sit rei uel actionis, non proderit, si persona, pro qua fideiussit, in quantum facere potest, condemnanda est.
[POMPONIUS, in the fourth book on Plautius.] And if a surety has been accepted for the property or the action, it will not benefit him, even if the person for whom he became surety is to be condemned to the extent of what he is able to perform.
§42.1.24.1Si maritus soluendo non fuerit, licet ipsi marito prosit, quod facere non possit (id enim personae mariti praestatur), heredi eius hoc non prodest.
If the husband is insolvent, although it benefits the husband himself that he is unable to perform (for this is granted to the person of the husband), this does not benefit his heir.

Notes

  1. §42.1.24.prrei uel actionis — Objective genitives depending on the noun "fideiussor" (surety), specifying the object (the property or the action) for which the surety was accepted.
  2. §42.1.24.prsi — Used here in a concessive sense ("even if" or "although", equivalent to etiamsi), logically connecting with "non proderit" (it will not benefit) in the main clause.
  3. §42.1.24.1soluendo non fuerit — The dative of the gerund "soluendo" (for paying), combined with "esse" and the negative "non", forms an idiomatic expression meaning "to be insolvent" or "unable to pay".
  4. §42.1.24.1quod facere non possit — A noun clause introduced by "quod", serving as the subject of "prosit" (it benefits). The subjunctive "possit" is used because it is inside the clause dependent on "licet" (although), or due to the hypothetical context.

Cite this passage

Justinian I, The Digest of Justinian §42.1.24.pr-42.1.24.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.1.24.pr-42.1.24.1

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