Legal Definitions - reus stipulandi

The term reus stipulandi refers to the party in a formal Roman law agreement, known as a stipulation, who initiates the contract by posing a specific question to the other party, thereby eliciting a promise. This individual is essentially the one requesting or demanding the promise or obligation from the other party.

Here are some examples illustrating the role of the reus stipulandi:

• Example 1: A Loan Agreement
  Imagine a Roman citizen, Marcus, wants to lend money to his friend, Lucius. To formalize the agreement under Roman law, Marcus would act as the reus stipulandi by formally asking Lucius, "Do you promise to repay me 100 sesterces by the Kalends of March?" If Lucius responds, "I promise," a valid stipulation is formed. In this scenario, Marcus is the reus stipulandi because he posed the question that established Lucius's obligation to repay the loan.

• Example 2: Commissioning a Service
  A wealthy Roman, Julia, wishes to commission a sculptor, Gaius, to create a statue for her villa. Julia would be the reus stipulandi if she formally asked Gaius, "Do you promise to complete the statue of Venus within six months for 500 sesterces?" Gaius's affirmative response, "I promise," would create a binding agreement. Julia is the reus stipulandi because she initiated the contract by asking for Gaius's specific promise to perform the service.

• Example 3: Obtaining a Guarantee
  A merchant, Quintus, is selling goods on credit to a new customer, Decimus. Quintus wants a guarantee from Decimus's wealthy uncle, Publius, to ensure payment. Quintus, as the reus stipulandi, might formally ask Publius, "Do you promise that if Decimus fails to pay for the goods, you will pay me?" If Publius replies, "I promise," he becomes a guarantor. Quintus is the reus stipulandi because he sought and obtained Publius's promise to act as a surety for Decimus's debt.