Actio Exstipulatu is a legal term in Roman law referring to a type of action available to a stipulator (a person who makes a promise or agreement) to enforce a promise made by a promisor (a person who makes a promise) in a stipulation. This action allows the stipulator to seek enforcement of the promise through the courts.
Actio Exstipulatu is a legal term derived from Roman law, which refers to a contractual action that allows a party to enforce a stipulation made in a contract. In Roman law, stipulatio was a formal contract where one party made a promise and the other party accepted it. If the promisor failed to fulfil their promise, the promisee could bring an actio exstipulatu to seek legal remedies.
This legal action was based on the principle of pacta sunt servanda, which means that agreements must be honoured. The actio exstipulatu allowed the promisee to claim damages or specific performance from the promisor for breaching the stipulation. The action could be brought before a praetor, who was a Roman magistrate responsible for administering justice.
While the concept of actio exstipulatu originated in Roman law, it has influenced modern legal systems, particularly civil law jurisdictions. However, the specific application and availability of this action may vary depending on the legal system in question.
In summary, actio exstipulatu is a legal action that allows a party to enforce a stipulation made in a contract. It originated in Roman law and has influenced modern legal systems, providing a means for the promisee to seek remedies for breach of contract.
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This glossary post was last updated: 29th March 2024.
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