Humanitext Reader

Justinian I · The Digest of Justinian §45.1.30.pr

Presumption of Formalities in Written Suretyship

Passage 7376 of 9271 · Latin

Summary

It explains the general rule that if someone writes that they have acted as a surety, all necessary solemnities are deemed to have been performed.

[IDEM libro quadragesimo septimo ad Sabinum. ] §45.1.30.prSciendum est generaliter, quod si quis se scripserit fideiussisse, uideri omnia sollemniter acta.
[THE SAME, in the forty-seventh book on Sabinus.] It should be known generally that, if anyone has written that he has acted as a surety, all things are deemed to have been solemnly performed.

Notes

  1. §45.1.30.prquod ... uideri — The infinitive uideri appears inside the quod-clause which introduces the substantive content of the impersonal Sciendum est, functioning similarly to an accusative with infinitive (AcI) construction, a feature common in Late and Juristic Latin.
  2. §45.1.30.prse scripserit fideiussisse — scripserit is the future perfect (or perfect subjunctive) in the conditional si-clause, with se as its subject, which also functions as the subject of the perfect infinitive fideiussisse (from fideiubeo, 'to act as surety').

Cite this passage

Justinian I, The Digest of Justinian §45.1.30.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:45.1.30.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.