Original scientific paper

Some Considerations on the Formation of stipulatio

Tomislav Karlović ; Faculty of Law, University of Zagreb, Zagreb, Croatia

Abstract

Stipulatio was one of the most important contracts in Roman law and the rules created regarding its prerequisites and effects had a long lasting impact on European contract law. Originally a formal and abstract contract, stipulatio underwent some important changes as early as in the Classical period. However, the limits and significance of these modifications are uncertain because of suspicions of interpolations. In an effort to clarify some of these doubts, the author of this paper tries to examine the attitude of classical jurists, but also of Justinian, towards the issue of unitas actus, the requirement that the question and the answer had to form a continuous transaction, and its role in the definition of conclusion of contract inter praesentes. The analysis of preserved classical texts shows that with the relaxation of formalities and the increasing role of consensus, the requirement of unitas actus was also rendered less stringent. A medium period, modicum intervallum, was allowed between the question and the answer. Consequently, the temporal and spatial elements of the formation of contract were separated and the nature of the conclusion of contract inter praesentes changed as well.

Keywords

stipulatio; formation of contract; unitas actus; inter praesentes; Roman law

Hrčak ID:

93205

URI

https://hrcak.srce.hr/93205

Publication date:

8.10.2012.

Article data in other languages: croatian german

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