Chapter

Suretyship

Reinhard Zimmermann

in The Law of Obligations

Published in print August 1996 | ISBN: 9780198764267
Published online March 2012 | e-ISBN: 9780191695247 | DOI: https://dx.doi.org/10.1093/acprof:oso/9780198764267.003.0005
Suretyship

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This chapter discusses the contract of suretyship, traditionally the most important type of personal security. The second part considers the three types: sponsio, fidepromissio, and fideiussio. The third part looks at the accessoriness of suretyship in Roman law. The fourth part considers idem debitum, looking at the principles of ‘Konsumptionskonkurrenz’, ‘Solutionskonkurrenz’, correality, and solidarity. The fifth section describes the benefits and privileges to the fideiussor. The sixth section explores the special types of suretyship transactions. The seventh section looks at the impact of fideiussio on modern legal systems, such as the Roman–Dutch law, German law, and the English common law. The eighth section looks at the role of women as sureties.

Keywords: suretyship; sponsio; fidepromissio; fideiussio; personal security; women; German law; Konsumptionskonkurrenz

Chapter.  21015 words. 

Subjects: Civil Law

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