stipulatio


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stipulatio

in Roman law, the formal contract whereby a party was bound absolutely by using the special words. One party would say ‘spondesne transfer your copy of Aristotle for 20 sesterces’, and the other would say ‘spondeo’. It mattered not in the early law that the party asking the question was applying force or intimidation to the promissor. As the law developed, the prestations became ever more subtle and the defence became wider and consensual contracts based upon the will of the parties took over.
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This was the formula of the stipulatio in Roman Law.
Promissory actions played a central role in Roman law (in the stipulatio): it is in the stipulatio that one finds the enforcement of a promise.
Under Roman Law, Stipulatio were required for certain oral contracts.
(16) The High Court chose to use the term 'stipulation' in reference to the clauses in which the fees were prescribed, rather than the words 'term,' 'obligation' or 'condition' because it better reflected 'the origin of the penal obligation or condition, as known today, in the stipulation (stipulatio) in Roman law at a period where stipulations for the payment of money were alone valid,' ibid [37].
From 1530, the Luther editions added a marginal gloss, according to which "bund" means a "stipulatio, das Gott sich uns mit gnaden verpflicht und wirs annemen."--cf.