The use of emptio venditio for the purpose of suretyship

Even more interesting are the cases where the Roman lawyers used consensual contracts for the purpose of suretyship. Thus, for instance, the late Republican jurists already seem to have devised a transaction, by means of which a result very similar to fideiussio could be achieved, but which avoided certain of its disadvantages, especially litis consumptio, and also all the inconveniences relating to the oral formality of stipulation.

"Quod si is, cui pecunia debcatur, cum debitore decidit et nomen eius vendidit Seio, cui debitor mandaverat, ut nomen emeret, deque ea re emptor stipulatus est, deinde creditor earn pecuniam retinet, quam per iudicem abstulit, an emptor ex stipulatu possit experiri? et Ofilius putat, si venditor nominus paratus non sit reddere, quantum ab emptore acceperit, non nocituram exceptionem doli mail: et puto sententiam Ofilii veram."^{[734] [735] [736]}

Here, the debtor had agreed to mandate Seius to buy the creditor's claim as part of a settlement ("decidit" ) with his creditor (who, in turn, might have granted indulgence; the text does not inform us about the creditor's concession). The purchase of the claim had been accompanied by a stipulation, according to which (i.a.) the creditor had promised to hand over to Seius whatever he might receive under his claim from the debtor.

3.