RECEPTAREA BENEFICIILOR LUI FIDEIUSSOR ÎN CODUL CIVIL DIN 2009
THE RECEPTION OF THE BENEFITS TO THE FIDEIUSSOR IN THE CIVIL CODE OF 2009

Summary/Abstract: Fideiussio was nothing less than a retort of the creditors to the ancient sponsio and fidepromissio – as these were amended by the four laws passed in the aid of the sureties (Publilia, Appuleia, Furia and Cicereia). It soon surpassed the other two types of personal surety, and it was widely used by creditors, who could also resort to mandatum pecuniae credendae, constitutum debiti alieni, and receptum argentarii. An almost perfect figure for the creditors, fideiussio was conceived with no regard to the interest of the sureties. The situation of the latter was successively improved and a point of equilibrium was reached between the two opposed interests. The means to this end were the benefits to the fideiussor and this article presents their reception in the Civil Code of 2009, following the introduction of fideiussio and its position among the Roman personal sureties.

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