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Justinian I · The Digest of Justinian §46.1.17.pr

Relief by Assignment of Actions to a Paying Surety

Passage 7565 of 9271 · Latin

Summary

It describes the relief granted to co-sureties, whereby the creditor is compelled to transfer the claims against the other co-sureties to the one who is ready to pay the entire debt.

[IDEM libro octagensimo nono digestorum. ] §46.1.17.prFideiussoribus succurri solet, ut stipulator compellatur ei, qui solidum soluere paratus est, uendere ceterorum nomina.
[THE SAME in the eighty-ninth book of the digests.] It is customary for sureties to be relieved in such a way that the stipulator is compelled to transfer the claims against the others to the one who is ready to pay the whole amount.

Notes

  1. §46.1.17.prsuccurri — The passive infinitive of the intransitive verb succurrere (to succor, relieve). Combined with the verb solet (it is customary), it forms an impersonal passive construction, where the beneficiaries "sureties" are expressed in the dative Fideiussoribus.
  2. §46.1.17.pruendere ceterorum nomina — Although uendere literally means "to sell", when combined with nomina (literally "names", meaning "debts" or "claims" in account books), it means "to transfer or assign claims". This refers to the legal mechanism (cessio actionum) where a co-surety paying the whole debt demands the transfer of the creditor's rights against the other co-sureties.

Cite this passage

Justinian I, The Digest of Justinian §46.1.17.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.1.17.pr

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