Legal Definitions - adpromission

In ancient Roman law, adpromission referred to a specific type of contract where a third party, known as a surety, agreed to guarantee a debt or obligation. Essentially, it was a promise by this third party to be responsible for another person's debt if that person failed to pay. A key characteristic of an adpromission was that the surety's liability was strictly limited to the exact amount the original debtor owed, and no more. It established a direct relationship between the surety and the creditor, ensuring that the creditor had a fallback if the primary debtor defaulted.

• Example 1: Securing a Merchant's Loan

  Imagine a Roman merchant named Lucius who needed to borrow a significant sum of money from a moneylender to purchase goods for his trade. The moneylender, seeking additional security, required a guarantor. Lucius's trusted friend, Marcus, agreed to act as a surety through an adpromission. Marcus promised the moneylender that if Lucius failed to repay the loan, he would cover the debt. However, Marcus's obligation was precisely limited to the original amount Lucius borrowed, meaning he would not be responsible for any additional interest, penalties, or other charges that might accrue beyond the principal debt.

  This illustrates adpromission because Marcus, as the surety, guarantees Lucius's debt to the moneylender, but his financial responsibility is capped at the initial loan amount, reflecting the core principle of the adpromission contract.

• Example 2: Guaranteeing Payment for Construction Materials

  Consider a Roman builder, Quintus, who was commissioned to construct a grand villa. To acquire the necessary high-quality marble from a supplier, the supplier demanded a guarantee of payment. Quintus's wealthy patron, Decimus, stepped in and made an adpromission to the marble supplier. Decimus guaranteed that if Quintus did not pay for the marble as agreed, he would. Crucially, Decimus's promise was only for the exact cost of the marble that Quintus was obligated to pay, not for any potential cost overruns, delays, or other expenses that might arise outside of the initial material cost.

  Here, Decimus's adpromission provides a guarantee for Quintus's specific debt to the marble supplier, with Decimus's liability strictly confined to the agreed-upon cost of the materials, demonstrating the limited scope of the surety's obligation.

• Example 3: A Father Guaranteeing His Son's Debt

  A young Roman citizen, Publius, incurred a debt for a lavish chariot. His father, Severus, wishing to protect his son's reputation and ensure the debt was settled, entered into an adpromission with the chariot seller. Severus promised the seller that if Publius did not pay for the chariot, he would. Severus's commitment, however, was strictly for the purchase price of the chariot that Publius originally owed, and not for any additional fees, storage costs, or late payment penalties that might be added later.

  This example shows Severus acting as a surety for Publius's debt. His adpromission limits his responsibility to the original amount Publius owed for the chariot, highlighting the precise and capped nature of the guarantee.