Legal Definitions - fidepromission

Fidepromission was a specific type of contract in ancient Roman law. It involved a formal agreement where one person, known as the guarantor (the fidepromissor), verbally promised to be responsible for another person's debt or obligation if that person failed to fulfill it. This promise was made through a specific question-and-answer format, which made it legally binding. Essentially, it was a formal guarantee.

• Example 1: Guaranteeing a Loan Repayment

  A Roman citizen named Lucius wished to borrow a significant sum of money from a moneylender, Marcus. Marcus was hesitant due to Lucius's inconsistent financial history. Lucius's trusted friend, Gaius, stepped forward and, in a formal verbal exchange with Marcus, promised to repay the loan himself if Lucius defaulted. This formal promise by Gaius to cover Lucius's debt was a fidepromission.

  Explanation: Gaius formally guaranteed Lucius's financial obligation to Marcus. If Lucius failed to repay the loan, Gaius was legally bound by his formal promise to do so.

• Example 2: Ensuring Completion of a Project

  Julia, a wealthy Roman matron, hired a builder named Decimus to construct an elaborate new wing for her villa. Concerned about potential delays or incomplete work, Julia requested a guarantee. Decimus's foreman, Quintus, formally promised Julia that if Decimus failed to complete the construction on time and to the agreed specifications, he would personally ensure its completion or compensate Julia for any losses. This formal undertaking by Quintus was a fidepromission.

  Explanation: Quintus formally guaranteed Decimus's performance of the construction contract. His promise made him liable if Decimus did not fulfill his obligations.

• Example 3: Securing a Business Transaction

  Two Roman merchants, Publius and Titus, were engaged in a large-scale trade agreement where Publius was to deliver a valuable shipment of exotic spices to Titus, who would pay upon receipt. To reassure Publius about Titus's payment, Titus's business partner, Severus, formally promised Publius that if Titus failed to pay for the goods as agreed, he would personally cover the payment. This formal guarantee by Severus was a fidepromission.

  Explanation: Severus formally guaranteed Titus's payment obligation in a commercial transaction. His binding promise meant he would be responsible if Titus did not make the payment.