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Latin. n. Demanding a guarantee from a debtor by formal question, contract created thereby.
- n. Promise, bargain, demanding spondesne from debtor or a contract with answer spondeo. Stipulation, the mode by which, under the civil law, a verbal obligation was constituted. It consisted of a question by which one of the contracting parties (called the stipulator) asked the other whether he would promise to give or do something, and of the answer of the other party (who was called the promissor) that he did so promise. The following example of a stipulation will illustrate this: Quinque aureos dare spondes? (Do you engage to give me five aurei?) Spondeo (I engage). Such question and answer completed the obligation, and bound the promissor in payment or performance. Previous to the reign of Leo, certain words required to be used, than which none other would bind the parties ; but a constitution enacted by him (A.D. 469) rendered the use of these special words as a solemnity unnecessary. Thereafter a stipulation might be entered into in any .words, if they clearly expressed the intention of the parties, but it was still required that they should retain the ...
