Stipulatio
idea · 2 works · 8 mentions · 15 anchored passages
Stipulation · verbal contract · Question and Answer · Verba stipulationis · Verbal Contract · Verbal contract · sponsio · stipulatio · stipulation · verborum obligatio
in the texts
Institutes of Roman Law
A formal contract created by question and answer, used to secure interest on loans and penal sums.
Formal contracts are Nexum (in early law), Verbal contract or Stipulatio, and Literal contract or Expensilatio.
if any interest is intended to be paid, it requires to be secured by an accompanying verbal contract, or stipulation.
’ Hence if it is desired to bind to the performance of some act not in its nature susceptible of pecuniary appreciation, it is necessary to make the direct Object of stipulation the payment of a certain penal sum, stipulatio poenae nomine, and the non-performance of the act desired the title or condition whereupon the penal sum shall be forfeited, as by a bond in English law;
Ancient Law
The formal question-and-answer procedure that attached an Obligation to the Verbal Contract.
but there is proof that their function in respect to Contracts was at first formal and ceremonial in the statement of authorities, that not every question and answer was of old sufficient to constitute a Stipulation, but only a question and answer couched in technical phraseology specially appropriated to the particular occasion.
But on examining the Stipulation closely, and remembering that we have to do with a state of society in which written evidence was not easily procurable, I think we must admit that this Question and Answer, had it been expressly devised to answer the purpose which it served, would have been justly designated a highly ingenious expedient.
From the Nexum we pass to the Stipulation, which is a simplified form of the older ceremonial.