3.1.138 to 3.1.140

(120) Moreover, the heir of a sponsor and a guarantor is not liable, unless we have reference to the heir of an alien guarantor, in whose State another rule than ours prevails; but the heir of a surety is also liable. (121) Likewise, a sponsor and a guarantor are released by the Lex Furia from liability at the expiration of two years; and no matter what may be the number of the sureties at the time when the debt can be collected the obligation is divided into as many parts as there were sureties at that time, and each one of them is only liable for his respective share. Sureties, however, are perpetually liable, and no matter what may be their number, each of them is bound for the entire amount of the debt; and therefore the creditor is at liberty to collect the whole debt from any one of them whom he may select. But, now, according to a letter of the Divine Hadrian, a creditor is compelled to collect the proportionate part of the debt from each of the sureties who is solvent at the time. Hence, this letter differs from the Lex Furia in that if any one of the sponsors or guarantors should not be solvent, this does not increase the liability of the others; but if even only one of the sureties is solvent, the entire burden of all the others is imposed upon him. But, as the Lex Furia only applies to Italy, the result is that in the other provinces both sponsors and guarantors, like "sureties, are perpetually liable; and each one of them is bound for the entire amount of the debt, unless they are, to a certain extent, relieved by the letter of the Divine Hadrian.