Legal Definitions - ex stipulatu actio

Ex stipulatu actio refers to a legal claim or lawsuit brought under Roman and civil law systems to enforce a formal promise or agreement, known as a "stipulation." A stipulation was a specific type of verbal contract where one party formally asked a question and the other party formally responded, creating a binding obligation. This action allowed the party to whom the promise was made to seek legal recourse if the promise was not fulfilled.

• Example 1: A Builder's Promise

  Imagine a wealthy Roman citizen, Marcus, wanted a new villa built. He entered into a formal verbal agreement, a stipulation, with a master builder, Lucius. Marcus asked, "Do you promise to complete the construction of my villa by the Ides of March, using the finest marble and timber, for the agreed sum?" Lucius formally replied, "I promise." If Lucius failed to complete the villa by the specified date or used inferior materials, Marcus could initiate an ex stipulatu actio to compel Lucius to fulfill his promise or pay damages for the breach of their formal agreement.

• Example 2: A Loan Guarantee

  Consider a situation where a young merchant, Gaius, needed a loan to expand his business. His uncle, a respected citizen, agreed to act as a guarantor. The lender, a moneylender named Decimus, entered into a formal stipulation with the uncle. Decimus asked, "Do you promise to repay the sum of 10,000 sesterces if Gaius defaults on his loan?" The uncle formally replied, "I promise." If Gaius failed to repay the loan, Decimus could bring an ex stipulatu actio against the uncle to enforce his formal promise of guarantee and recover the outstanding debt.

• Example 3: A Promise of Inheritance

  Suppose an elderly Roman, Cornelia, promised her loyal freedman, Titus, a specific plot of land upon her death, in exchange for his continued service and care during her final years. This promise was formalized through a stipulation: Cornelia asked, "Do you promise to bequeath me the olive grove upon my death if you care for me diligently until then?" Titus replied, "I promise." If, after Cornelia's death, her heirs refused to transfer the olive grove to Titus, he could initiate an ex stipulatu actio against the heirs to enforce Cornelia's formal promise made during the stipulation.