Sureties
“fidejussores, sponsores, fidepromissores”
group · 2 works · 2 mentions · 6 anchored passages
Fidejussores · Fidepromissores · Guarantors · Sponsores · sureties
in the texts
Against Timocrates
Persons nominated to guarantee a public debtor’s payment under Timocrates’ law.
but, leaving those names out of the question, we have his own admission that his law is not of universal application, for he added a clause excepting from its operation tax-farmers, lessees, and their sureties.
During the first presidency, namely, that of the Pandionid Tribe, and on the twelfth day of that presidency, it was moved by Timocrates that, if the additional penalty of imprisonment has been or shall hereafter be inflicted in pursuance of any law or decree upon any person in debt to the treasury, it shall be competent for him or for any other person on his behalf to nominate as sureties for the …
The debtor who has given sureties shall be released from the penalty of imprisonment on payment to the State of the money, in respect of which he gave such sureties;
Institutes of Roman Law
The class of Roman guarantors (sponsores, fidepromissores, fidejussores) whose liabilities and privileges the passage traces across successive laws.
117-138) left the fidejussor liable originally (ipso jure) to the whole debt, with a counteractive right (exceptio) to call on the other solvent sureties to pay their share of the debt, enforced by a clause in the formula, of which the following passage appears to give the terms:
The lex Appuleia, which gave the sponsor or fidepromissor an action analogous to that between partners, whereby he could recover by contribution from his co-sureties whatever he had paid in excess of his proportionate share, was passed b.
The sponsor and fidepromissor have vanished from the legislation of Justinian.