Stipulatio
Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879
Dictionary of Terms and Phrases Used in American or English Jurisprudence
In the Roman law, the term applied to the solemn form of constituting an agreement. This form " I do." The maker of the promise thereupon became bound to i ts performance. See Sand. Just.; Bouvier; Burrill. The stipulatio was the highest and most authentic contract known to the civil law, entered into before the magistrate or public officer, through the medium of interrogatories and answers calculated to explain the nature and extent of the undertaking, to put the parties entering into it on their guard, and to show it to be theii" mature and deliberate act. It could not be impeached, except for fraud or deceit; and could not be released or discharged, except by an equallysolemn proceeding, conducted by question and answer before the public functionary, called an acceptilation. ( Virtn. 677; Sand. Just. 431.) Wharton.