philus, whose name you believed to be Stichus.
24 A promise made for an illegal or immoral purpose, as, for instance,
to commit a sacrilege or homicide, is void.
25 If a man stipulates for performance on the fulfilment of a condition,
and dies before such fulfilment, his heir can sue on the contract when
it occurs: and the heir of the promisor can be sued under the same
circumstances.
26 A stipulation for a conveyance this year, or this month, cannot be
sued upon until the whole year, or the whole month, has elapsed:
27 and similarly the promisee cannot sue immediately upon a stipulation
for the conveyance of an estate or a slave, but only after allowing a
sufficient interval for the conveyance to be made.
TITLE XX. OF FIDEJUSSORS OR SURETIES
Very often other persons, called fidejussors or sureties, are bound for
the promisor, being taken by promises as additional security.
1 Such sureties may accompany any obligation, whether real, verbal,
literal or consensual: and it is immaterial even whether the principal
obligation be civil or natural, so that a man may go surety for the
obligation of a slave either to a stranger or to his master.
2 A fidejussor is not only bound himself, but his obligation devolves
also on his heir' 3 and the contract of suretyship may be entered into
before no less than after the creation of the principal obligation.
4 If there are several fidejussors to the same obligation, each of them,
however many they are, is liable for the whole amount, and the creditor
may sue whichever he chooses for the whole; but by the letter of Hadrian
he may be compelled to sue for only an aliquot part, determined by the
number of sureties who are solvent at the commencement of the action: so
that if one of them is insolvent at that time the liability of the rest
is proportionately increased. Thus, if one fidejussor pay the whole
amount, he alone suffers by the insolvency of the principal debtor; but
this is his own fault, as he might have availed himself of the letter of
Hadrian, and required that the claim should be reduced to his rateable
portion.
5 Fidejussors cannot be bound for more than their principal, for their
obligation is but accessory to the latter's, and the accessory cannot
contain more than the principal; but they can be bound for less. Thus,
if the principal debtor promised ten aurei, the fidejussor can well be
bound for five, but not vice versa; and if the principal's prom
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