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Justinian I · The Digest of Justinian §46.1.40.pr

Suretyship for the Whole Debt under Two Debtors

Passage 7588 of 9271 · Latin

Summary

This text rules that when two principal debtors are established, a surety provided by either both or one of them is validly accepted for the entire debt.

[IDEM libro tertio regularum. ] §46.1.40.prCum duo rei constituti sunt, siue ab utroque siue ab alterutro fideiussor datus fuerit, in solidum recte accipietur.
[THE SAME, in the third book of Rules.] When two principal debtors have been established, whether a surety has been given by both or by either of them, he is rightly accepted for the whole amount.

Notes

  1. §46.1.40.prduo rei — rei is the plural of reus (a party to a transaction, here specifically a debtor), referring to co-obligors or joint debtors.
  2. §46.1.40.prin solidum — A legal adverbial phrase meaning "for the whole amount," indicating that the surety is accepted for the entire debt rather than just a divided portion.
  3. §46.1.40.praccipietur — The third-person singular future passive, whose subject is the fideiussor from the preceding clause, meaning that the surety is legally and validly accepted by the creditor.

Cite this passage

Justinian I, The Digest of Justinian §46.1.40.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.1.40.pr

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