Fidejussor
group · 1 work · 1 mention · 9 anchored passages
fide jussor · fidejussor · fidejussors
in the texts
Institutes of Roman Law
A surety bound by the formula 'fide tua esse iubes?', able to guarantee any obligation and bound perpetually and solidarily, with heir liability.
But now by the letter of Hadrian of sacred memory he can only recover from each of the fidejussors, who are solvent at the time an aliquot part of the debt.
Fidejussors have Beneficium divisionis by the epistle of Hadrian, § 121, Beneficium excussionis by Novella 4 of Justinian, and Beneficium cedendarum actionum.
A fidejussor, on the other hand, may be accessory to any obligations, whether real, verbal, literal, or consensual, and whether civil or natural.