Actio depensi
The actio depensi was a type of action from the ancient Roman law of obligations . It added to the surety's right of recourse to the main debtor (see: guarantee breach ) where the main debtor threatened an additional fine because he had not released the surety from the obligation within a reasonable period of time.
By way of the actio mandati contraria , every surety who was called upon could request reimbursement of his payment from the principal debtor. The high-class lawyer Gaius reports that the main debtor also had to reimburse double the "added money" to the surety as part of the actio depensi if this had been claimed by the creditor of the main debtor and the surety had not been satisfied within six months ( Gaius, Inst. 3, 127). Recourse via the actio depensidemanded an additional fine in the same amount as the guilt itself. The assumption of a guarantee in Rome was considered a pure service of friendship and loyalty. It was considered unfaithful if the main debtor allowed the surety to be claimed and did not immediately release him.
Individual evidence
- ^ Heinrich Honsell : Roman law. 5th edition, Springer, Zurich 2001, ISBN 3-540-42455-5 , p. 115.
- ^ Herbert Hausmaninger , Walter Selb : Roman private law . Böhlau, Wien 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , p. 294.
