FRATER A FRATRE.

After these things, it must be noted that when a debtor succeeds to a creditor, or vice-versa, for the part by which one becomes heir, the obligation, whether civil or natural, is extinguished either by confusion or by the power of payment. It is certain that the civil obligation is extinguished Digest 46.3.95.2; Codex 8.36.7; Codex 4.2.2. It is doubted concerning the natural. I think, however, that this is also removed. For if the stipulator the person asking the formal question in a contract institutes the defendant as heir, the surety obligation is removed, whether it had been civil or only natural regarding the defendant Digest 46.1.21. But the surety obligation would not be removed by the defendant being instituted heir, unless the principal obligation were also completely extinguished. Therefore, this one is also removed, whether it were civil or natural. And the law correctly uses the verb "had been," by which it signifies that the obligation is no longer. Again, the taking of an inheritance is said to destroy an obligation either by confusion or by the power of payment. An example is brought forward of a ward to whom money had been lent without the authority of a tutor, in which case it is certain that only a natural obligation can arise. Nor can a difference be established in this matter between the succession of a stranger and...