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Justinian I · The Digest of Justinian §46.1.37.pr

Invalidity of Sureties Given in Error after Release

Passage 7585 of 9271 · Latin

Summary

This section explains that if a debtor, after being released by the lapse of time, provides a surety due to an error, the guarantee is void and the surety is not bound.

[IDEM libro septimo decimo ad Plautium. ] §46.1.37.prSi quis, postquam tempore transacto liberatus est, fideiussorem dederit, fideiussor non tenetur, quoniam erroris fideiussio nulla est.
[THE SAME, in the seventeenth book on Plautius.] If anyone, after having been released by the expiration of time, has provided a surety, the surety is not bound, since a guarantee given by mistake is void.

Notes

  1. §46.1.37.prtempore transacto — An ablative absolute construction meaning "time having elapsed." It refers to the discharge of an obligation due to the expiration of a statutory period or limitation of action.
  2. §46.1.37.prerroris fideiussio — The genitive erroris indicates origin or quality, meaning "a guarantee based on mistake." A guarantee provided under the erroneous belief that the debt still exists, when it has in fact been discharged, is void.

Cite this passage

Justinian I, The Digest of Justinian §46.1.37.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.1.37.pr

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