Procedural Peculiarities of the Lex Publilia de sponsu
Procedural Peculiarities of the Lex Publilia de sponsu

Summary/Abstract: The guarantor’s right to claim recourse was a frequently discussed topic among Roman jurists. However, limited information exists on the earliest legal remedies with which such recourse was accomplished. This article focuses on the first known legal act, the lex Publilia de sponsu, that granted the sponsor a recourse. In his institutes, Gaius mentioned the lex Publilia de sponsu in 3.127 as well as in 4.22 and the sponsor’s action against the principal debtor based on this law. Interestingly, in 3.127 he referred to the actio depensi and in 4.22 to the legis actio per manus iniectionem pro iudicato. For a better understanding of the origin and development of the sponsor’s right to demand recourse and its procedural peculiarities, an analysis of Gaius 3.127 and 4.22 is necessary.

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