English Special Contracts
object · 2 works · 2 mentions · 3 anchored passages
Bond or Obligation · Judgment debt · Recognizance · Special contracts · amount of the judgement · judgement · one thousand three hundred and thirteen drachmae two obols
in the texts
Against Evergus and Mnesibulus
The monetary judgment owed and allegedly paid by the speaker.
And yet, if I had not got the money together, how could he have got payment at once in cash, one thousand three hundred and thirteen drachmae two obols?
but when I served notice on him to come and collect the amount of the judgement, he went and seized my furniture and slaves and sheep instead of receiving payment.
and they keep possession of all these things, and refuse to give them up, though I have paid in full the amount of the judgement, one thousand three hundred and thirteen drachmae two obols.
Institutes of Roman Law
English legal instruments (deeds under seal, recognizances, judgment debts) compared functionally to Roman stipulatio.
Contracts of Record are either recognizances or Judgment debts.
The conjunction of a penal clause and a condition avoiding it is common to the judgment debt, recognisance, bond, and stipulatio poenae nomine.
In the eye of the English law, contracts are either Simple (parol), that is, enforceable only on proof of consideration, or Special, that is, binding by the solemnity of their form.