Legal Definitions - adstipulator

An adstipulator was a specific role in ancient Roman contract law. It referred to an additional party included in a contract who had the legal authority to enforce the terms of the agreement alongside, or sometimes instead of, the primary party (known as the stipulator).

The primary purpose of an adstipulator was often to circumvent certain restrictions in Roman law, particularly a rule that made it difficult for a person to directly stipulate for a payment or benefit that would only occur after their own death. By naming an adstipulator, the principal party could ensure that contractual obligations intended for their benefit, even posthumously, could still be legally pursued. If an adstipulator successfully enforced the contract and received payment, they were then legally obligated to transfer those funds to the principal stipulator or their designated heirs.

Here are a few examples to illustrate the concept of an adstipulator:

• Ensuring a Posthumous Debt Collection: Imagine a Roman citizen, Marcus, lends a significant sum of money to his friend, Lucius. Marcus wants to ensure that if he dies before Lucius repays the debt, his son, Gaius, can still legally collect the money. Under Roman law, directly stipulating for a payment to oneself after death was problematic. To overcome this, Marcus includes Gaius in the loan agreement as an adstipulator. If Marcus passes away, Gaius, acting as the adstipulator, has the legal standing to demand and receive the repayment from Lucius. Once Gaius collects the money, he is then obligated to transfer it to Marcus's estate or to himself as the rightful heir.

  This illustrates the adstipulator's role in enforcing a contract after the principal's death and their obligation to pass on the collected funds.

• Securing a Future Business Payment: Consider two business partners, Julia and Octavia, who sell their shared property to a buyer. Part of the payment is structured as a future installment due in three years. Julia plans to retire soon and is concerned about what would happen to her share of this future payment if she were to die before it's received. To safeguard this, Octavia is named as an adstipulator in the sales contract for the deferred payment. If Julia (the principal stipulator) dies before the three years are up, Octavia (the adstipulator) can legally pursue and collect Julia's portion of the deferred payment from the buyer. Upon receiving the funds, Octavia would then be legally bound to transfer them to Julia's heirs or estate.

  This example demonstrates how an adstipulator could secure a future financial obligation for a principal, ensuring its enforcement even if the principal is no longer alive to claim it directly.