Ex stipulatu actio is a legal term originating from ancient Rome and civil law. It pertains to a specific type of legal action that enables individuals to seek the recovery of marriage portions. In simpler terms, it signifies that if one party made a promise to provide something as part of a marriage agreement but fails to fulfil it, the other party has the right to initiate legal proceedings in order to obtain what was promised.
Ex stipulatu actio is a term used in Roman and civil law to refer to an action on a stipulation, which is a legal agreement between two parties. This action allows for the recovery of marriage portions, which are the assets or property brought by a bride to a marriage. For instance, if a bride’s family promised to provide a specific amount of money or property as her marriage portion but failed to do so, the bride could initiate an ex stipulatu actio to obtain what was promised. Similarly, if two parties entered into a stipulation agreement, such as a loan, and one party failed to fulfil their obligations, the other party could bring an ex stipulatu actio to recover the owed amount. These examples demonstrate how ex stipulatu actio was utilised in Roman and civil law to enforce stipulation agreements and retrieve promised assets or property.
Ex Stipulatu Actio is a legal action in Roman law that allows a third party to enforce a promise made for their benefit.
If a promise is made for the benefit of a third party, that third party can bring a legal action to enforce the promise.
No, only the party for whose benefit the promise was made can bring an Ex Stipulatu Actio.
Ex Stipulatu Actio allows a third party to enforce a promise made for their benefit, while a regular contract involves the parties to the contract enforcing their own promises.
Ex Stipulatu Actio is not directly applicable in modern legal systems, but the concept of allowing third parties to enforce promises made for their benefit has influenced modern contract law.
In Roman law, only certain types of promises could be enforced through Ex Stipulatu Actio, such as promises to give or do something.
Ex Stipulatu Actio is limited to promises made for the benefit of a third party and does not apply to all types of contracts.
Yes, if the promisor fails to fulfill their promise, the third party can bring an Ex Stipulatu Actio to enforce the promise.
The remedies available under Ex Stipulatu Actio may include specific performance of the promise or damages for non-performance.
In Roman law, a party could waive their right to bring an Ex Stipulatu Actio, but modern legal systems may have different rules regarding waiver of rights.
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: 16th April 2024.
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