3.1.141 to 3.1.143

(122) Moreover the Lex Apuleia ,introduces a certain partnership between sponsors and guarantors; for if any of them should pay more than his share he will have a right of action against the others to recover the surplus. This law was enacted before the Lex Furia ,and therefore the question arises whether, after the passage of the Lex Furia ,the benefit of the Lex Apuleia still remains. This is certainly the case outside of Italy, for the Lex Furia is in force only in Italy, while the Lex Apuleia embraces also the other provinces; but whether the benefit of the Lex Apuleia still continues to exist in Italy, is a question. But the Lex Apuleia does not apply to sureties, and therefore, if a creditor recovers his entire debt from one surety the latter alone must suffer the loss, that is to say, if the party for whom he became surety is not solvent. But, as appears from what has been already stated, he whom a creditor sues for the entire amount of the debt can, under the letter of the Divine Hadrian, petition for the action to be brought against him only for his proportionate share. (123) Moreover, it is provided by the Lex Cicereia ,that a creditor who accepts sponsors or guarantors, must previously publish and declare the amount of the claim for which he receives security, and the number of sponsors or guarantors that he will accept as sureties for the obligation; and unless he does so, the sponsors and guarantors are permitted within the term of thirty days to demand a preliminary trial, by which it may be ascertained whether the declaration required under this law had been made, and if it should be decided that it had not been made, they shall be released from liability. No mention of sureties was made in this law, but it is customary when we receive sureties to make this statement.