Legal encyclopedia. Letter C

STIPULATION

In Roman law, an oral agreement concluded through the issue of a future creditor and a matching answer from a person who agrees to be a debtor for obligations. This is a verbal formula in which the person who is asked questions answers that he will do what he was asked about:

1. Spondes? Spondeo - you promise? I promise;
2. Dabis? Dabo - do you give? I give (give? Give);
3. Facies? Faciam - will you do it? I will do.

S. engendered only a one-sided commitment, i. One party to the contract owned only the right, and the other - only a duty.

To establish obligations, S. required a certain form. But the content of the obligations stemming from it was considered formally. The debtor was obliged to perform only that which literally ensued from the question and answer. The formal character of S. was manifested in the fact that its action was limited only to those directly involved in it. It was impossible to impose an obligation on S. on a third person who did not participate in her imprisonment. At S. creditor was entitled to demand from the debtor only the amount of debt and could not claim either interest or loss caused by the debtor's failure to fulfill its obligation.

The commitment from the USA was of an abstract nature. In order to prove the debt, it was sufficient to prove the very fact of the conclusion of S. In order to provide proof of the fact of S.'s conclusion, a written act was issued certifying the obligation, which was called saiyo. The basis was not included in the number of either significant or random elements of S., which distinguished this contract from other treaties, which, in the absence of grounds, did not acquire legal force.

C. could be complicated if a plurality of persons was present on the side of the creditor or on the side of the debtor:

1) a correlative obligation - on the side of the creditor, the obligation involved other persons as independent creditors. Several creditors asked the debtor the same question in turn, and he gave one

The general answer;

2) a joint undertaking - on the side

The debtor was involved in the obligation

Persons as independent debtors.

The lender offered each of several

Debtors the same question, one for

Others without a break. Debtors after this

The questions were answered in the same way in turn;

3) S. with an additional debtor

(As ^ іirіііііоо) - at the conclusion of С. between

Creditor and debtor participated

An additional lender that stimulated

Same as the main lender. Payment,

Perfect adpipulator, was valid in

As much as payment to the main creditor;

4) S. with a surety for the debtor

(Aspironium) - an agreement by which a third party

In order to secure the claims of the creditor

It assumed responsibility for

Obligation of the principal debtor.