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Justinian I · The Digest of Justinian §46.1.35.pr

Scope of Liability for Sureties of Slave and Master

Passage 7583 of 9271 · Latin

Summary

This section explains that a surety for a slave is liable for the full amount regardless of the peculium, whereas a surety for a master sued under an action concerning the peculium is liable only to the extent of the peculium existing at the time of judgment.

[IDEM libro secundo ad Plautium. ] §46.1.35.prCum fideiubeat aliquis pro seruo, in solidum tenetur, etiamsi nihil in peculio sit.
[THE SAME, in the second book on Plautius.] When someone becomes a surety for a slave, he is liable for the whole amount, even if there is nothing in the peculium.
plane si pro domino fideiubeat, cum quo de peculio est, dumtaxat de peculio tenebitur, quod tunc erit, cum res iudicatur.
Clearly, if he should become a surety for a master against whom there is an action concerning the peculium, he will be liable only to the extent of the peculium which will exist at the time when judgment is rendered.

Notes

  1. §46.1.35.prcum quo de peculio est — The relative pronoun quo refers back to domino as its antecedent and is governed by the preposition cum. The clause de peculio est is a legal idiom in which the subject actio is understood, meaning 'against whom there is an action concerning the peculium.'
  2. §46.1.35.prquod tunc erit, cum res iudicatur — The relative pronoun quod (neuter nominative singular) has peculio as its antecedent. The adverb tunc (at that time) is further defined by the temporal clause cum res iudicatur (when the matter is judged), indicating that the liability is limited to the amount of the peculium existing at the moment of judgment.

Cite this passage

Justinian I, The Digest of Justinian §46.1.35.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.1.35.pr

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