De fideiussoribus positiones aliquot

VIII.

There is no doubt that several sureties may be accepted for a single matter.

IX.

Just as it is also beyond controversy that another may rightly interpose his faith on behalf of a surety.

X.

Moreover, a surety can be added to every obligation whatsoever, whether it has been contracted by a thing, by words, by writing, or by consent.

XI.

This holds true not only in civil transactions, but is also rightly extended to obligations arising from private delicts.

XII.

However, as to what holds in public matters, the opinion of the Doctors is disputed. We shall defend the affirmative view as being the truer one and everywhere received today in practice, with a distinction.

XIII.

But what was said above—that a surety can be added to every obligation—is limited in its application unless a dowry is concerned, for which it is provided by law that sureties may not be given.

XIIII.

Just as a suretyship is not valid when someone binds himself for one who is not obligated, or for a contract that is shameful and condemned by the laws.

XV.

Therefore, once sureties are bound, whether from contracts or from delicts, they are for the most part held in the same manner as the principal debtors themselves for whom they have interceded.

XVI.

Nor indeed is only the surety himself bound, but also his heir-