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Thus, if the principal debtor promised ten aurei, the fidejussor can well be bound for five, but not vice versa; and if the principal's promise is absolute, that of the fidejussor may be conditional, though a conditional promise cannot be absolutely guaranteed, for more and less is to be understood of time as well as of quantity, immediate payment being regarded as more, and future payment as less.
Thus, if one fidejussor pay the whole amount, he alone suffers by the insolvency of the principal debtor; but this is his own fault, as he might have availed himself of the letter of Hadrian, and required that the claim should be reduced to his rateable portion.
6 For the recovery of anything paid by him for the principal the fidejussor can sue the latter by the action on agency. 7 A fidejussor may be taken in Greek, by using the expressions 'tei emei pistei keleuo, 'lego, 'thelo, or 'boulomai'; and 'phemi' will be taken as equivalent to 'lego.
8 It is to be observed that in the stipulations of fidejussors the general rule is that whatever is stated in writing to have been done is taken to have really been done; and, accordingly, it is settled law that if a man signs his name to a paper stating that he became a fidejussor, all formalities are presumed to have been duly observed.
2 A fidejussor is not only bound himself, but his obligation devolves also on his heir' 3 and the contract of suretyship may be entered into before no less than after the creation of the principal obligation.
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