Legal Definitions - adpromissor

An adpromissor was a specific role within ancient Roman law, referring to an individual who acted as a guarantor or surety for another person's debt or obligation. This guarantee was typically made in the context of a "stipulation," which was a formal, verbal contract in Roman law where one party made a promise in response to a specific question from another, making the promise legally binding. Essentially, an adpromissor formally agreed to be responsible if the primary debtor failed to fulfill their promise.

• Example 1: Guaranteeing a Loan Repayment
  Imagine a Roman citizen named Marcus wanted to borrow a sum of money from a wealthy merchant, Lucius. Lucius was hesitant because Marcus's financial history was somewhat unstable. To secure the loan, Marcus's friend, Gaius, stepped forward and formally agreed to be an adpromissor. Through a stipulation, Gaius promised Lucius that if Marcus failed to repay the loan by the agreed date, Gaius himself would be responsible for the debt.

  Explanation: Gaius is the adpromissor because he formally guaranteed Marcus's debt to Lucius, taking on the responsibility if Marcus defaulted on the promise made through the stipulation.

• Example 2: Ensuring Completion of a Contract for Services
  Consider a situation where a Roman builder, Quintus, promised to construct a new villa for a senator, Decimus, by a certain deadline. Decimus, wanting assurance that the project would be completed on time and to standard, required Quintus to find an adpromissor. Quintus's brother, Flavius, then formally stipulated with Decimus that he would ensure Quintus completed the villa as promised, or he would face the consequences.

  Explanation: Flavius acts as the adpromissor by guaranteeing Quintus's performance of the construction contract, providing Decimus with an additional layer of security for the promised work.

• Example 3: Securing a Legal Obligation or Court Appearance
  Suppose a Roman citizen, Julia, was accused of a minor offense and was required to appear in court on a specific day. To ensure her appearance, the magistrate demanded a surety. Julia's cousin, Livia, stepped forward and, through a formal stipulation, promised the magistrate that Julia would indeed appear as required. If Julia failed to show up, Livia would then be held responsible for a penalty.

  Explanation: Livia is the adpromissor because she formally guaranteed Julia's fulfillment of a legal obligation (appearing in court), making herself liable if Julia failed to uphold her promise.