Fide Jussor

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.

In Civil Law. One who becomes security for the debt of another, promising to pay it in case the principal does not do so. 3 Bla. Cora. 108, 201. He differs from a co-obllgor 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 fulfil his engagement: Dig. 12. 4. 4; 16. 1. 13; 24. 8. 64: 38. 1. 37; 60.17.110; 6. 14.20; Hall, Pr. 33; Dunl. Adm. Pr, 300; Clerke, Prax. tit. 63. 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. EUm. § 872; Code Nap. 2012.

I.

In the civil law. A surety; a guarantor; one who binds himself for another; one who binds himself in the same contract conjointly with the debtor, for the greater, security of the creditor.

Inlomaniaw. A guarantor; one who becowes responsible for the payment of another’s debt, by a stipulation which binds him to discharge it if the principal debtor fails to do so. Mackeld. Rom, Law, § 452; 3 Bl. Comin. 108. The sureties taken on the arrest of a defendant, in the court of admiralty, were formerly denuminuted “iide-jussors.” 3 Bil. Comm. 108.

Lat. [from fide-jubere, q. v.] In the civil law. A surety for another; a guarantor; one who binds himself for another who makes a promise, {pro €0 qui promittit obligatus.) Inst. 3. 2 1, pr. One who binds himself in the same contract conjointly with the debtor, for the greater security of the creditor. Cooper's notes in loc. A bondsman or bail for a party in an action. Fide-jussors were suredes in the nature of special bail, whose undertaking was judicatum solvi, that the amount adjudged to the plaintiff should be paid to him. Inst. 4. 11. pr. 3 Bl. Com. 291. This however was only where a defendant appeared by attorney; for if he defended in his own person, the only security he was compelled to give was that he would remain in judicio (in court, or within the power of the court,) until the end of the suit. Inst. 4. 11. 2. The sureties taken on the arrest of a defendant, in the court of admiralty, were formerly denominated fide-jussors. 3 BL Com. 108.