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Justinian I · The Digest of Justinian §46.1.18.pr

Delegation of Debtor as Payment and Surety's Recourse

Passage 7566 of 9271 · Latin

Summary

Delegating one's debtor is understood as paying money, which allows a surety to immediately bring an action of mandate against the principal debtor even if the delegated debtor is insolvent.

[IDEM libro nonagensimo digestorum. ] §46.1.18.prQui debitorem suum delegat, pecuniam dare intellegitur, quanta ei debetur: et ideo si fideiussor debitorem suum delegauerit, quamuis eum, qui soluendo non erat, confestim mandati agere potest.
[THE SAME in the ninetieth book of the digests.] A person who delegates his debtor is understood to pay as much money as is owed to him; and therefore, if a surety has delegated his debtor, even though he delegated one who was insolvent, he can immediately bring an action of mandate.

Notes

  1. §46.1.18.prdelegat — Refers to the act of "delegation" (delegatio), where a debtor directs his own debtor to perform or undertake an obligation to his creditor.
  2. §46.1.18.prsoluendo — The phrase "soluendo esse" is an idiomatic expression meaning "to be solvent" or "able to pay". "soluendo" is the dative of the gerund or gerundive, expressing purpose or suitability.
  3. §46.1.18.prmandati — Genitive of the type of action. It means "by the action of mandate" and refers here to the "actio mandati", which is the standard action for a surety to seek indemnity from the principal debtor.

Cite this passage

Justinian I, The Digest of Justinian §46.1.18.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.1.18.pr

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