Legal Definitions - satisdatio

Satisdatio

In Roman law, satisdatio referred to a type of security or guarantee provided by an individual to ensure they would fulfill an obligation. Crucially, this security was not given directly by the obligated person, but rather through a third party known as a surety. The surety would pledge their own assets or credit to assure the party owed that the original obligation would be met, thereby providing a robust form of assurance.

Here are some examples illustrating the concept of satisdatio:

• Commercial Loan Guarantee: Imagine a small business owner in ancient Rome seeking a loan from a wealthy merchant. The merchant is hesitant due to the business owner's limited assets. To secure the loan, a respected, affluent friend of the business owner steps forward and promises the merchant that if the business owner fails to repay, they, the friend, will cover the debt. This promise from the friend, backed by their own financial standing, serves as the satisdatio, providing the merchant with the necessary security to grant the loan.

• Construction Project Assurance: Consider a Roman official commissioning a builder to construct a public bathhouse. The official wants assurance that the project will be completed on time and to specification. Instead of the builder depositing their own funds as a guarantee, a prominent citizen, known for their integrity and wealth, acts as a surety. This citizen formally guarantees to the official that if the builder defaults on the contract, they will ensure the completion of the project or compensate the official for any losses. This third-party guarantee is an example of satisdatio.

• Appearance in Court: If an individual in Roman society was accused of a crime and released pending trial, they might be required to provide security to ensure their appearance in court. Instead of the accused person directly pledging property, a trusted family member or patron with significant standing might act as a surety, guaranteeing to the court that the accused would appear as required. If the accused failed to show, the surety would be liable. This arrangement, where a third party guarantees an obligation to the court, exemplifies satisdatio.