Humanitext Reader

Justinian I · The Digest of Justinian §46.1.26.pr

Division of Liability and the Burden of Insolvency

Passage 7574 of 9271 · Latin

Summary

Gaius explains that the division of liability among co-sureties under Hadrian's letter does not occur by operation of law, meaning that if one becomes insolvent or dies without heirs before collection, their share falls on the others.

[GAIUS libro octauo ad edictum prouinciale. ] §46.1.26.prInter fideiussores non ipso iure diuiditur obligatio ex epistula diui Hadriani: et ideo si quis eorum ante exactam a se partem sine herede decesserit uel ad inopiam peruenerit, pars eius ad ceterorum onus respicit.
[GAIUS in the eighth book on the Provincial Edict.] Under the letter of the Divine Hadrian, the obligation is not divided among co-sureties by operation of law; and therefore, if any of them, before his share has been exacted from him, dies without an heir or falls into insolvency, his share falls back upon the burden of the others.

Notes

  1. §46.1.26.prnon ipso iure diuiditur obligatio ex epistula diui Hadriani — This indicates that the "benefit of division" (beneficium diuisionis) introduced by the letter (epistula) of Emperor Hadrian does not divide the obligation by operation of law (ipso iure), but must be claimed. Consequently, if one co-surety becomes insolvent before the shares are exacted, their share increases the burden on the remaining sureties.
  2. §46.1.26.prante exactam a se partem — A noun-participle construction governed by the preposition 'ante' (literal: 'before the share having been exacted from him'), equivalent to 'before his share has been exacted from him'. 'a se' expresses the agent from whom the share is exacted under the passive participle 'exactam'.

Cite this passage

Justinian I, The Digest of Justinian §46.1.26.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.1.26.pr

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