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Justinian I · The Digest of Justinian §44.1.19.pr

Availability of Principal Debtor's Defenses to the Surety

Passage 7208 of 9271 · Latin

Summary

This section states that all defenses available to the principal debtor are also available to the surety, even against the will of the principal debtor.

[MARCIANUS libro tertio decimo institutionum. ] §44.1.19.prOmnes exceptiones, quae reo competunt, fideiussori quoque etiam inuito reo competunt.
[MARCIANUS in the thirteenth book of Institutes.] All exceptions which are available to the principal debtor are also available to the surety, even against the will of the principal debtor.

Notes

  1. §44.1.19.prinuito reo — An ablative absolute construction consisting of the noun reo (the principal debtor, ablative of reus) and the adjective inuito (unwilling, ablative of inuitus). It means 'even against the will of the principal debtor' or 'even if the principal debtor is unwilling', indicating that the surety's right to assert defenses does not depend on the consent or will of the principal debtor.

Cite this passage

Justinian I, The Digest of Justinian §44.1.19.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:44.1.19.pr

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