restricted access 1. SURETIES AND MANDATORS
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BOOK FORTY-SIX 1 SURETIES AND MANDATORS 1 ULPIAN, Sabinus, book 39: A surety may be added to any obligation. 2 POMPONIUS, Sabinus, book 22: A surety may be taken in respect of loan for use and of deposit, and he will be liable even if the loan or deposit be made with a slave or a pupillus, but only so far as there may have been deliberate wrongful intent or negligence on the part of the persons guaranteed. 3 ULPIAN,Sabinus, book 43: One who promises satisfaction is deemed to have honored the stipulation for satisfaction, if he provides, as an ancillary debtor, one who can incur an obligation and be sued. But if he produces a slave or a son-in-power, in cases where an action on the peculium will not lie, or a woman who can invoke the protection of the senatus consulturn, it has to be said that the stipulation for satisfaction is not honored. Of course, if he produces an unsuitable surety, it is rather the case that satisfaction is provided; for the person who accepts him as surety thereby approves him as suitable. 4 ULPIAN,Sabinus, book 45: A surety can be accepted for the action that I will have against the person for whom I myself stood surety, whether by mandate or by unauthorized administration. 1. A surety both is bound himself and leaves the heir bound, since the latter takes the place of the debtor. 5 ULPIAN,Sabinus, book 46: Julian says generally that a person who becomes heir to the person for whom he became guarantor is released from his accessory liability and becomes liable solely as heir. In the end, he writes that if a surety become heir to the person for whom he becomes guarantor, he is released from his liability as surety, being now bound as principal debtor; but a principal debtor succeeding to a principal debtor is liable on two counts. Nor can it be discerned that there is any obligation which he destroys; but such discernment is possible in the case of principal debtor and surety because the liability of the former is greater. For where there is some difference in the obligations, it is possible to ascertain that one is extinguished by the other; but when both are of equal efficacy, it cannot be established why one rather than the other should be extinguished. He [Julian] relates this to a case in which he seeks to demonstrate that there is no novelty in the existence of two obligations in the one person . Such a case does exist. If a person liable on a promise becomes heir to another liable on the promise, he bears two obligations; again, if a promisee under a stipulation becomes the heir of another stipulatory promisee, he bears two types of obligation. Obviously, if he takes action on either of them, he terminates both, evidently because the nature of the two obligations which he has is the same so that when the one is brought into issue, the other is also consumed. BOOK FORTY-SIX 1 SURETIES AND MANDATORS 1 ULPIAN, Sabinus, book 39: A surety may be added to any obligation. 2 POMPONIUS, Sabinus, book 22: A surety may be taken in respect of loan for use and of deposit, and he will be liable even if the loan or deposit be made with a slave or a pupillus, but only so far as there may have been deliberate wrongful intent or negligence on the part of the persons guaranteed. 3 ULPIAN, Sabinus, book 43: One who promises satisfaction is deemed to have honored the stipulation for satisfaction, ifhe provides, as an ancillary debtor, one who can incur an obligation and be sued. But if he produces a slave or a son-in-power, in cases where an action on the peculium will not lie, or a woman who can invoke the protection of the senatus consultum, it has to be said that the stipulation for satisfaction is not honored. Of course, if he produces an unsuitable surety, it is rather the case that satisfaction is provided; for the person who accepts him as surety thereby approves him as suitable. 4 ULPIAN, Sabinus, book 45: A surety can be accepted for the action that I will have against the person for whom I myself stood surety, whether by mandate or by unauthorized administration. 1. A surety both is bound himself and leaves the heir bound, since the latter takes...


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