WARNING:
JavaScript is turned OFF. None of the links on this concept map will
work until it is reactivated.
If you need help turning JavaScript On, click here.
This Concept Map, created with IHMC CmapTools, has information related to: 02 1 Contractus verbis, Cannot be by nod of the head and deaf and mute people excluded but Became practice to write down stipulatio and develop that, if written record contained a clausula that there was a Q&A, then accepted unless could be disproved, Promise by liberated slave (iusiurandum liberti) where Would promise to continue to render certain services to his previous owner, Continuo actu: Q&A had to follow each other directly but Started to relax in PCL, Inter praesentes: no representation or agency so have to be in each others' presence which was Quite a disadvantage because the Roman Empire covered most of Europe at some time, If for something certain/certum, then the condictio is applicable eg promise to give over a slave or With actio ex stipulatio (incertum), promise to pay whatever the damages are eg after crash into horse with chariot, No requirement that there had to be witnesses where Formal requirements include, Sponsio is its origin and Stipula (twig) and stipulus (binding), With actio ex stipulatio (incertum), promise to pay whatever the damages are eg after crash into horse with chariot and was Simple, accurate and versatile, Content was open and so Commercially very important in closed system of contracts, Promise to contribute to future household but Pacta legitima: once the promise to pay dowry enforceable then this fell into disuse, Dotis dictio: dowry to husband by either future wife or her father or her debtors ie Promise to contribute to future household, Before concluding, parties would have to negotiate with Question and answer: "I promise", Inter praesentes: no representation or agency so have to be in each others' presence where Previously strict onus as had to prove parties were in different provinces at the time the stipulatio was concluded, Simple, accurate and versatile as Zimmermann: verbosity begets obscurity; obscurity begets disputes, Solemnitas: congruence wrt content and verb but later Are we still working with specific contract types? No longer needs to use solemn words or Q&As. Justinian kept original categories of contract with stipulatio as an eg, Dotis dictio: dowry to husband by either future wife or her father or her debtors and with the third type being Stipulatio, Started to relax in PCL where Answering a call of nature is acceptable, Had to be oral question and answer (verbis) where Cannot be by nod of the head and deaf and mute people excluded, Previously strict onus as had to prove parties were in different provinces at the time the stipulatio was concluded but Later, if if was in writing, then there were no further requirements and will need strong proof to the contrary, Specific prescribed words like with getting married or president oath of office so Consensus and specific words