Fidejubere, a Latin term utilised in Roman law, refers to the act of becoming a surety. It was employed in a stipulatio, where one party inquired if the other would commit to becoming a surety, and the other party responded affirmatively by saying “I do pledge myself.” For instance, in ancient Rome, individuals seeking a loan would request a friend to fidejubere for them, indicating that the friend would assume the role of a surety for the loan.
Fidejubere, a Latin term used in Roman law, refers to the act of becoming a surety. This concept was employed in a legal agreement known as stipulatio, where one party would agree to act as a surety for another. The process involved the first party asking, “Do you pledge yourself?” and the second party responding, “I do pledge myself.” For instance, in ancient Rome, if an individual borrowed money, they would need to find a fidejubere, or surety, who would agree to repay the loan if the borrower was unable to do so. To illustrate, if Marcus borrowed money from Lucius, he would have to find someone to fidejubere on his behalf. If Titus agreed to be the fidejubere, he would say “fidejubeo” to indicate his commitment to repay the loan if Marcus could not.
Fidejubere is a Latin term that refers to a legal concept where a person agrees to act as a surety or guarantor for another person’s debt or obligation.
As a fidejubere, your responsibility is to ensure that the debt or obligation of the person you are guaranteeing is fulfilled if they fail to do so. This means you may be required to pay the debt or fulfill the obligation on their behalf.
In general, anyone who is legally capable of entering into contracts can act as a fidejubere. However, certain restrictions may apply depending on the jurisdiction and the specific circumstances.
While a written agreement is not always required, it is highly recommended to have a written contract clearly outlining the terms and conditions of the fidejubere arrangement. This helps avoid misunderstandings and provides legal protection for all parties involved.
In some cases, yes. If the terms of the fidejubere agreement include provisions for interest, penalties, or other additional costs, the fidejubere may be held liable for these amounts as well.
In general, a fidejubere cannot unilaterally terminate their guarantee unless there is a specific provision in the agreement allowing for termination under certain circumstances. Otherwise, the fidejubere remains responsible until the debt or obligation is fulfilled or released by the creditor.
In most cases, a fidejubere cannot transfer their guarantee to another person without the consent of the creditor. The creditor has the right to choose who they want as a guarantor and may not accept a substitute without valid reasons.
If the debtor fails to fulfill their obligation, the creditor can demand payment from the fidejubere. The fidejubere then becomes responsible for fulfilling the debt or obligation as per the terms of the agreement.
A fidejubere can be released from their guarantee if the creditor agrees to release them or if the debt or obligation is fulfilled by the debtor. Additionally, if the fidejubere can prove that they were induced into the guarantee through fraud or duress, they may seek to have the guarantee declared void.
The main risk of being a fidejubere is the potential financial liability if the debtor defaults on their obligation. It is crucial to thoroughly assess the debtor’s ability to fulfill their obligation before agreeing to act as a guarantor. Additionally, it is important to carefully review and understand the terms of the fidejubere agreement to avoid any unintended consequences.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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