Mitbürgschaft im römischen Recht
Co-Sureties in Roman Law

Summary/Abstract: If in Roman law the same primal obligation was insured by more surety, the creditor could originally demand the settlement of the whole amount from one surety. But in time certain legal instruments were created to protect the sureties’ interests. The sponsores and fidepromissores were protected by various acts, in turn the fideiussores could reach the division of the claim among the solvent sureties with the beneficium divisionis. But in absence of it they could enforce their claim for compensation against their joint sureties with the help of the derivative regress on the basis of beneficium cedendarum actionum.

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