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Fide Jussor

The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

The Cyclopedic Law Dictionary

In civil law

One who becomes security for the debt of another, promising to pay it in case the principal does not do so. He differs from a co-obligor in this, that the latter is equally bound to a debtor with his principal, while the former is not liable • till the principal has failed to fulfill his en- 6.

14. 20; Hall, Prac. 33; Dunl. Adm. Prac. 300; Gierke, Prax. tits. 63-65.

The obligation of the fide jussor was an accessory contract; for, if the principal obligation was not previously contracted, his engagement then took the name of "mandate."

Lee. Elm. § 872; Code Nap. 2012.