Correi stipulandi, also known as correi credendi in Roman law, refers to joint creditors who enter into a stipulation or agreement with a debtor. In the case of multiple stipulators (active correality), each asks the debtor a question and receives a single answer. On the other hand, in the case of multiple promisors (passive correality), the creditor asks each promisor and they provide a collective answer.
Correi stipulandi, also known as correi credendi, is a Latin term used in Roman law to describe joint creditors. In the case of multiple stipulators, each one poses a question to the debtor, who provides a single answer that binds them all. Similarly, in the case of multiple promisors, the creditor asks each one and they must respond collectively. For instance, if three individuals lend money to a debtor, they are considered correi stipulandi or joint creditors. Each of them can ask the debtor a question, and the debtor’s response will be binding for all three. Likewise, if there are three promisors who owe a debt to a creditor, the creditor can question each one, and they must answer together. Another example is when two individuals enter into a contract with a third party, they are regarded as correi stipulandi. If one of them breaches the contract, the third party can hold both accountable for the breach. These examples demonstrate how correi stipulandi operates in practice and how joint creditors or promisors can be collectively held responsible for their actions.
Correi Stipulandi is a Latin term that refers to the principle of “corresponding stipulation” in contract law. It means that when two parties enter into a contract, they must have a mutual agreement on the terms and conditions.
Correi Stipulandi ensures that both parties have a clear understanding of the terms and conditions of the contract. It prevents any misunderstandings or misinterpretations that may arise during the contract formation process.
Correi Stipulandi is a fundamental principle of contract law and cannot be waived or modified without the consent of both parties. Any attempt to do so may render the contract unenforceable.
If one party fails to comply with Correi Stipulandi, it may be considered a breach of contract. The non-breaching party may be entitled to remedies such as damages or specific performance, depending on the circumstances.
There may be certain exceptions to Correi Stipulandi, such as when one party has a superior bargaining position or when the contract involves a standard form agreement. However, these exceptions are subject to specific legal requirements and may vary depending on the jurisdiction.
To ensure Correi Stipulandi is upheld in your contracts, it is advisable to clearly communicate and negotiate the terms and conditions with the other party. It is also recommended to seek legal advice and have a written contract that accurately reflects the agreed-upon terms.
Correi Stipulandi can be applied to both written and oral contracts. However, it is generally easier to prove the terms of a written contract compared to an oral contract, as written contracts provide a clear record of the agreed-upon terms.
If there is a dispute regarding Correi Stipulandi, the parties may need to resolve the issue through negotiation, mediation, or litigation. The outcome will depend on the specific facts and circumstances of the case, as well as the applicable laws in the jurisdiction.
Correi Stipulandi is not typically implied in contracts. It is a principle that requires the explicit agreement and understanding of both parties. However, certain terms and conditions may be implied by law or custom, depending on the nature of the contract.
Correi Stipulandi is a principle that is recognized in many legal systems around the world. However, the specific application and interpretation may vary depending on the jurisdiction and the applicable laws. It is important to consult with a legal professional familiar with the laws of your jurisdiction.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/correi-stipulandi/
- Modern Language Association (MLA):Correi Stipulandi. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/correi-stipulandi/.
- Chicago Manual of Style (CMS):Correi Stipulandi. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/correi-stipulandi/ (accessed: May 09 2024).
- American Psychological Association (APA):Correi Stipulandi. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/correi-stipulandi/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts