3.1.131 to 3.1.137

(115) Others are usually liable for the party who promises, some of whom we call sponsors, others guarantors, and others still, sureties. (116) A sponsor is interrogated as follows: "Do you solemnly agree to pay the same?" a guarantor as follows: "Do you guarantee the same?" and a surety as follows, "Do you pledge your faith for the same?" We shall see what names should be properly applied to those who are interrogated, as follows, namely: "Will you give the same?" "Do you promise the same?" "Will you do the same?" (117) We often accept sponsors, guarantors, and sureties, when we desire to be provided with additional security; and we rarely make use of a joint stipulator, except when we stipulate that something shall be paid after our death. If we make such a stipulation ourselves, our act is void, and hence the joint stipulator is employed so that he may bring suit after our death; but if he should recover anything, he will be liable by an action of mandate to deliver it to our heir. (118) The positions of a sponsor and a guarantor are similar, that of a surety is extremely unlike the others. (119) For the former can enter into no obligations except verbal ones, although sometimes the party who promises is not bound, as for instance, where a ward or a woman without the authority of his or her guardian, promises to make a payment after his or her death. It is a question, however, if a slave or an alien should promise, whether his sponsor or guarantor will be liable. A surety can enter into every kind of obligation, that is to say, whether it is contracted either by words, or by writing, or by consent, and it makes no difference whether the obligation be a civil or natural one. To such an extent is this true, that he is also liable for a slave, whether it be a stranger who accepts him as security for the slave, or whether . it be the master himself who does so for a debt which is due to him.