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This Concept Map, created with IHMC CmapTools, has information related to: 02 2 Stipulatio, Could susbtitute using stipulatio where T wants to be new creditor, A, the original creditor, would have to ask: T, do you promise to give me 1 gold piece B owes me? ???? Expromissio: don't consult B first, T wants to be new creditor so must ask B, do you promise to pay to me 1 gold coin that you owe to A?, Causa stipulationis was irrelevant and so bribery/coercion irrelevant = unfair with Remedies developed by praetor as judge couldn't take good faith into account, Novation with same parties (inter aesdem personas) where Cancel debt and replace w/ same amounts for procedural benefits, Could susbtitute using stipulatio where 2nd debt: T owes B one gold piece, Remedies developed by praetor as judge couldn't take good faith into account including Exceptio doli for fraud: defence against actio, STIPULATIO with Open content, Termination of an obligation to replace w/ another, new obl which can be Novation with same parties (inter aesdem personas), Filled gaps in law but Preferred to use existing methods rather than create new contracts, Then T=new creditor and A loses out so need A's permission ???? Not true cession bc debt between A and B terminated and a new debt for same amount between T and B, STIPULATIO for Interest (suppl), Stiplatio was stricti iuris but In SA law, as per the Conventional Penalties Act, was not prohibited to ask more than the original performance was worth, but the court has discretion to change penalty to reflect actual damages suffered, Could promise anything thus Popular and widely used, Abstract nature where Causa stipulationis was irrelevant and so bribery/coercion irrelevant = unfair, Can't order to deliver res, but have to pay if fail to deliver res but If you have to wait for a monetary order, you may as well have predetermined amount, Stipulatio poenae (penalty clause - suppl) as Could not ask for specific performance, Remedies developed by praetor as judge couldn't take good faith into account including Exceptio non numeratae pecuniae: initially had to repay loan even if money never given to you, but then defence that money never paid to you, Could susbtitute using stipulatio where A (creditor of B), Main contract for loan is mutuum, but not allowed to ask for interest ito mutuum so had to add interest with stipulatio if desired and Initially interest prohibited, but in Classical period was limited to 12%/year and in Justinianic = 6% per year (but 4% for Senators)