Stipulatio: The Verbal Contract of Ancient Rome
Stipulatio was a distinctive form of contract in Roman law, characterized by its formal and solemn nature. This verbal agreement involved a question-and-answer exchange between the parties, creating a binding legal obligation.
The stipulator would pose a specific question to the promisor, who would then provide a corresponding answer. This formal structure emphasized the parties’ deliberate intent to enter into a contract. Stipulatio was employed for a broad range of transactions, from simple sales to complex financial arrangements.
While stipulatio has fallen into disuse, its influence on subsequent legal developments is undeniable. The concept of formalizing agreements through specific words and actions laid the groundwork for modern contract law. The requirement for a clear expression of intent and the emphasis on the parties’ meeting of minds continue to be fundamental principles in contract formation.
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