EL TRASFONDO PROCESAL DE LA FIANZA POR MANDATO DE UN TERCERO EN PAPINIANO D. 17,1,53 (9 QUAEST.): ANALOGÍAS CON EL MANDATUM PECUNIAE CREDENDAE

In D. 17,1,53 (9 Quaest.) Papinianus deals with the case of the fideiussio constituted by mandate of a third party, the background of which lies in the variety of the procedural means with which the solvens may obtain the restitution of what was paid. Likewise, in this context the mandatum pecuniae credendae was operative, consisted in one party commissioned another person to grant a mutual loan in favor of a third party, and in which the principal was responsible for the non-compliance of the guaranteed debtor. Than been said, this research aims to highlight the analogies between these two forms of personal guarantees, in particular, with regard to the procedural mechanisms that had the common objective of restoring the patrimonial aequitas broken due to the pecuniary displacement that is consequence of the mandate granted for the benefit of the main debtor.