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Justinian I · The Digest of Justinian §46.1.2.pr

Guarantor Liability in Loans for Use and Deposits

Passage 7550 of 9271 · Latin

Summary

It is established that a guarantor can be accepted and held liable for loans for use and deposits, even when made with a slave or a ward, provided that the principal debtors acted with intent or negligence.

[POMPONIUS libro uicensimo secundo ad Sabinum. ] §46.1.2.prEt commodati et depositi fideiussor accipi potest et tenetur, etiamsi apud seruum uel pupillum depositum commodatumue fuerit, sed ita demum, si aut dolo malo aut culpa hi fecerunt, pro quibus fideiussum est.
[POMPONIUS in the twenty-second book on Sabinus.] A guarantor can be accepted and is held liable for both a loan for use and a deposit, even if the deposit or loan was made with a slave or a ward; but this is only the case if those for whom the guarantee was given acted with either malice or negligence.

Notes

  1. §46.1.2.prcommodati et depositi — Genitives modifying the noun fideiussor (or an implied noun like obligatio), indicating the types of contract (loan for use and deposit) for which a guarantee is established.
  2. §46.1.2.prpro quibus fideiussum est — The antecedent of the relative pronoun quibus is hi in the main clause. The phrase fideiussum est is the impersonal passive of the intransitive verb fideiubere (to act as guarantor), literally meaning 'it was guaranteed for whom', and referring to the principal debtors.

Cite this passage

Justinian I, The Digest of Justinian §46.1.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.1.2.pr

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