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Fröbel, Wolfgang · 1588

II.
Even if that obligation is only civil.
III.
Or only natural.
IV.
Or even one arising from a tort.
V.
However, it is necessary that the guarantee obligation fideiussoria obligatio the legal bond of suretyship be firm in itself and valid by law.
VI.
So much so that unless it is made through a solemn stipulation stipulatio a formal verbal contract between those present, it cannot subsist in any way.
VII.
And we judge this to proceed not only according to civil law, but also according to canon law.
VIII.
It is also established that a guarantor cannot be brought into a harsher case.
IX.
And therefore, it is commonly held that in such a case, he is clearly not obligated.
X.
We, following the opinion of Decius an Italian jurist, will endeavor to maintain against the common view that the suretyship is valid at least in the amount to which the principal debtor is liable.