The term “reus promittendi” in Latin refers to the party who makes a promise in a Roman-law stipulation. This individual is responsible for fulfiling a specific condition or requirement in a legal agreement. Stipulations, which are important terms in a contract, are agreed upon by both parties, and a violation of a stipulation can result in legal repercussions. In Roman law, stipulations were initially made through oral question and answer, but by the third century A.D., they were always documented in writing.
Reus promittendi, a Latin term in Roman law, identifies the party responsible for fulfiling an obligation in a stipulation. For instance, in a contract where Party A pledges to pay Party B a specific amount of money by a designated date, Party A is considered the reus promittendi. This term holds significance in Roman law as it differentiates the party obligated to fulfil the promise from the party requesting its fulfilment. It bears resemblance to the modern contract law concept of a promisor.
Reus Promittendi is a Latin term that translates to “promisor” in English. It refers to a person who makes a promise or enters into a contractual agreement.
The essential elements of Reus Promittendi include an offer, acceptance, consideration, and the intention to create legal relations. These elements are necessary for a valid and enforceable contract.
Yes, if Reus Promittendi fails to fulfill their obligations as stated in the contract, they can be held liable for breaching the contract. The injured party may seek remedies such as damages or specific performance.
In general, Reus Promittendi can withdraw their promise before the contract is formed, unless there is an option contract or a separate agreement that prevents them from doing so. Once the contract is formed, however, withdrawing the promise may constitute a breach.
It depends on the specific terms of the contract and the nature of the unforeseen circumstances. If the contract includes a force majeure clause or provisions for such situations, Reus Promittendi may be excused from performance. Otherwise, they may still be held responsible for breaching the contract.
Reus Promittendi can be held liable for damages caused by their promise if they fail to fulfill their obligations as stated in the contract. The injured party may seek compensation for any losses suffered as a result of the breach.
Reus Promittendi is generally not responsible for the actions or failures of the other party unless they have assumed joint and several liability or guaranteed the performance of the other party in the contract.
If the contract is found to be illegal or void, Reus Promittendi may not be held responsible for its performance. However, they may still be liable for any damages caused by their promise if they were aware of the illegality or voidness.
Reus Promittendi generally cannot modify or cancel the contract without the consent of the other party. Any changes to the contract should be mutually agreed upon and documented in writing to ensure their validity.
If Reus Promittendi knowingly makes false statements or conceals material facts in the contract, they can be held responsible for misrepresentation or fraud. The injured party may seek remedies such as rescission, damages, or other appropriate legal actions.
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.
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