fidejussor

Such a one is “sponsor,” or “fidejussor,” in all good authors and common use of speech.

The Doctrine of Justification by Faith 1616-1683 1965

Wherefore enguos is “sponsor, fidejussor, præs,” — one that voluntarily takes on himself the cause or condition of another, to answer, or undergo, or pay what he is liable unto, or to see it done; whereon he becomes justly and legally obnoxious unto performance.

The Doctrine of Justification by Faith 1616-1683 1965

Thus, if the principal debtor promised ten aurei, the fidejussor can well be bound for five, but not vice versa; and if the principal's promise is absolute, that of the fidejussor may be conditional, though a conditional promise cannot be absolutely guaranteed, for more and less is to be understood of time as well as of quantity, immediate payment being regarded as more, and future payment as less.

The Institutes of Justinian John Baron Moyle 1891

Thus, if one fidejussor pay the whole amount, he alone suffers by the insolvency of the principal debtor; but this is his own fault, as he might have availed himself of the letter of

The Institutes of Justinian John Baron Moyle 1891

6 For the recovery of anything paid by him for the principal the fidejussor can sue the latter by the action on agency.

The Institutes of Justinian John Baron Moyle 1891

7 A fidejussor may be taken in Greek, by using the expressions 'tei emei pistei keleuo,' 'lego,' 'thelo,' or 'boulomai'; and 'phemi' will be taken as equivalent to 'lego.'

The Institutes of Justinian John Baron Moyle 1891

8 It is to be observed that in the stipulations of fidejussors the general rule is that whatever is stated in writing to have been done is taken to have really been done; and, accordingly, it is settled law that if a man signs his name to a paper stating that he became a fidejussor, all formalities are presumed to have been duly observed.

The Institutes of Justinian John Baron Moyle 1891

2 A fidejussor is not only bound himself, but his obligation devolves also on his heir '3 and the contract of suretyship may be entered into before no less than after the creation of the principal obligation.

The Institutes of Justinian John Baron Moyle 1891

2J9. & feq. jp Meo antem jucucio, nec jure Civili, nec fidejussor;, jure Canonico probibiH in entyetriim fnnr Clerici fideiubere.

Adm. rev. p. F. Lucii Ferraris ... Prompta Bibliotheca canonica, juridica, moralis, theologica ... 1782