4.1.140 to 4.1.145

(99) The terms of the Edict compel guardians and curators to furnish security in the same way as agents; sometimes, however, they are not required to do so. (100) So much with reference to real actions. In the case of personal actions, when inquiry is made now and when security should be furnished by the plaintiff, we repeat what we have already said with reference to real actions. (101) But with respect to the party against whom the action is brought, where anyone intervenes in his behalf, he must, by all means, furnish security, for the reason that no one is understood to be a proper defender of another's affairs without security. If the action is brought against an attorney, his principal is required to furnish security, but if brought against an agent, the latter must furnish it himself. The same rule applies to guardians and curators. (102) If, however, a party undertakes his own defence in a personal action he usually gives security to pay the judgment, in certain [1] Original manuscript illegible. cases which are indicated by the Prætor. In these cases there are two reasons why security is exacted; for this is either done on account of the nature of the action, or because the character of the defendant is suspicious. It is required on account of the nature of the action, for instance, where it is one to compel the payment of a judgment, or to collect money expended for a principal; or where the morals of a wife are involved. It is required on account of the suspicious character of the defendant, where he has squandered his property; or his creditors have obtained possession of it, or advertised it for sale; or when proceedings have been instituted against an heir whom the Prætor considers liable to suspicion.