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Justinian I · The Digest of Justinian §46.7.12.pr

Liability of Guarantors upon Defendant Taking Office

Passage 7822 of 9271 · Latin

Summary

It explains that even if the defendant takes office as a magistrate after providing security and gains immunity from summons, the guarantors remain liable unless the suit is properly defended.

[POMPONIUS libro uicensimo sexto ad Sabinum. ] §46.7.12.prSi reus post iudicatum solui ab eo datum in magistratu sit nec inuitus in ius uocari possit, tamen, nisi res boni uiri arbitratu defendatur, fideiussores tenentur.
[POMPONIUS, On Sabinus, book 26.] If the defendant, after security for the payment of the judgment has been given by him, is in office as a magistrate and cannot be summoned to court against his will, nevertheless, unless the case is defended according to the judgment of an honorable man, the guarantors are liable.

Notes

  1. §46.7.12.priudicatum solui — The noun satisdatio (security) is omitted here; the phrase refers to iudicatum solui satisdatio, meaning the security provided for satisfying the judgment in case of defeat.
  2. §46.7.12.prin magistratu sit — In Roman law, active magistrates (magistratus) generally enjoyed immunity from being summoned to court (in ius uocatio) against their will during their term of office. This passage establishes the liability of guarantors when the civil procedure is stalled due to this official privilege.

Cite this passage

Justinian I, The Digest of Justinian §46.7.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.7.12.pr

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