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Justinian I · The Digest of Justinian §49.14.20.pr

Grant of an Analogous Action Against a Released Guarantor

Passage 8541 of 9271 · Latin

Summary

It stipulates that after money is recovered, a utilis (analogical) action will be granted against a guarantor who had been released from liability.

[IDEM libro undecimo responsorum. ] §49.14.20.prSed reuocata pecunia in fideiussorem liberatum utilis actio dabitur.
[THE SAME, Responses, Book 11.] But after the money has been recovered, a utilis action will be granted against the guarantor who had been released.

Notes

  1. §49.14.20.prreuocata pecunia — An ablative absolute expressing time or condition, meaning "after the money has been recovered" or "if the money is recovered."
  2. §49.14.20.prin fideiussorem liberatum — The preposition `in` with the accusative indicates the object of the legal action, while the perfect participle `liberatum` modifies `fideiussorem`, referring to a guarantor who had already been released.
  3. §49.14.20.prutilis actio — A technical term in Roman law referring to a "utilis action" (analogical or equitable action), which was granted by extension to cases not covered by the strict civil law direct action (actio directa).

Cite this passage

Justinian I, The Digest of Justinian §49.14.20.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.14.20.pr

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