The majority of the Authors think that, in order to perform a valid guarantee-sponsio as well as a fidepromissio, it is required and enough the mere and formal performance of the main act regardless of its binding force, while the undertaking of a fideiussio implied an obligation of the main debtor. The paper criticizes this position by a close investigation of the stipulatio-formulae concerning these three kinds of personal guarantee and by a rigorous analysis of Gai. 3.118-119° aiming at restoring the right importance of the dichotomy in Gaius between the similis status, in the sponsor and fidepromissor cases, and the dissimilis status of the fideiussor.
|Titolo:||Sponsor, fidepromissor, fideiussor: condicio 'similis' e condicio 'dissimilis'|
|Data di pubblicazione:||2017|
|Appare nelle tipologie:||1.1 Articolo in rivista|