De fideiussoribus positiones aliquot

XXXII.

But what if someone has interposed his suretyship on behalf of one who is unwilling and forbidding; will he have an action of mandate? It is more correct to say that neither an action of mandate nor an action for business managed is available to him.

XXXIII.

From this depends that question, which we subjoin by way of a conclusion: whether a surety can bring an action of mandate before he has paid the debt for the principal? And we conclude that, as a rule, he cannot.